Lawrence
Baron pursued one of the most storied product liability cases
in recent years in Oregon. He sought justice on behalf of Ann
Kirkwood, a burn victim from Madras, Oregon. Kirkwood nearly
died in a firey crash when her car collided with 1976 GM pickup
truck with sidesaddle gas tanks. Her
granddaughter, seated next to her, was killed by the fire and
her granddaughter's half-brother, in the back seat, suffered
severe burns. Upon collision, the gas tanks exploded and Kirkwood's
vehicle was engulfed in flames.
At the time of the
collision, the sidesaddle gas tanks were a known defect in the design
of certain years of GM trucks. An effort was underway to recall
the trucks. They had been estimated to have burned or killed hundreds
of people nationally.
Because the defective
GM truck was more than 8 years old when the collision
occurred, Oregon law had to be changed to allow Kirkwood to
claim damages against the Detroit manufacturer. Baron went to
work on the burn victim's behalf. He hired a lobbyist and was
successful in passing a special state amendment that allowed
cases against "sidesaddle gas tanks."
GM hired 18 lawyers
to fight the case, but finally settled on January 10, 1997,
ten days
before the trial was to begin. Details of the settlement are confidential.
For his efforts, Baron was recognized as 1997 National Trial
Lawyer
of the Year by the Trial Lawyers for Public Justice. In presenting
the award, the organization said Baron took on a case that virtually
no one else would have pursued. Baron acknowledged the efforts
of the many individuals who assisted him, not only Kirkwood
and her
family but also his co-counsel, Paul Whelan and Mike Withey.
Products
liability covers the liability for the
manufacture of a product for damage caused by that product. The
liabilty
can extend all the way from the manufacturer of component parts
all the way to the retailer who sells the finished product. For
more information on products liability contact Lawrence Baron,
baron@baronlawfirm.com or
1-877-417-1117. If you have been injured by a defective product,
please go to Lawrence Baron's online contact
form.
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