Defective Design: Defective Nissan Kills Victim in Rollover
On or about October 23, 2008, Alonzo G. Martinez lost control of his 2004 Nissan 350Z, went off the main roadway, collided into a tree and came to rest upside down in a ditch. During the rollover, the roof and its supporting structure in the passenger compartment area failed, and Mercurio Martinez, IV, the passenger in the vehicle, sustained severe injuries from which he later died.
Wigington Rumley Dunn & Blair LLP filed a suit contending that at the time the Nissan 350Z was designed, manufactured and sold by Nissan Motor Company and Nissan North America, Inc., its roof structure was defective in design and unreasonably dangerous, which condition was a producing cause of the fatal injuries to Mercurio Martinez, IV, and of the physical pain, mental anguish and damages suffered by him and by the plaintiffs.
Additionally, Alonzo G. Martinez was negligent in this incident, which also was a proximate cause of the collision, the injuries and death of Mercurio Martinez, IV and the damages suffered by the plaintiffs. This case settled for a confidential sum.