Defective Redesign: Rebuilt Vehicle Causes Death and Destruction
Maverick County, Texas: On or about January 5, 2009, Francisco Panales Reyes lost control of his vehicle, which resulted in a rollover and subsequently, Mr. Reyes’ injuries and death. His vehicle had been previously maintained, modified, fabricated and rebuilt by EE Hood & Sons, Inc. and Gamble Equipment, Co., Inc., and as a result, its handling and stability characteristics changed, which was a producing cause of the accident in question and of the damages suffered.
Wigington Rumley Dunn & Blair LLP filed a suit contending that the defendants are liable for strict products liability and gross negligence. The changes by the defendants to the vehicle rendered it defective in design and marketing, as it had no warning as to weight modifications or maintenance guidelines and was unreasonably dangerous at the time of the accident. This case settled for a confidential sum.