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Case Summaries

Defective Design: Defective Nissan Vehicle Results in Rollover and Death

On or about March 7, 2011, Raven Rodriguez lost control of his 2004 Nissan Xterra, and the vehicle spun and rolled on the roadway due to poor handling characteristics and stability defects. As a result of the accident, passenger Michael Galvan, who was properly seat belted at the time of the incident, received head and neck trauma when the restraint system failed and he died as a result of the injuries received.

Wigington Rumley Dunn & Blair LLP filed a suit contending that the handling and stability characteristics of the Nissan Xterra were defective and unreasonably dangerous due to the vehicle’s susceptibility to loss of control and rollover propensity, which were a producing cause of the accident in question and to the physical pain and mental anguish Michael Galvan suffered, his death, and of the damages suffered by the Plaintiffs.

Michael Galvan’s estate sought to recover damages for the reasonable funeral and burial expenses, the pain and suffering experience prior to death, the lost earning and loss of future earning capacity. Michael Galvan’s mother, Rachel Juarez, sought to recover damages concurrent with the incident. This case settled for a confidential sum.