Case details

Defense: Excessive speed, not sensor, caused crash

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
diplopia, double vision, fracture, leg, scapula, sensory, shoulder, speech
FACTS
On Feb. 24, 2007, plaintiff Mario Godoy, 23, a warehouse supervisor, was driving a 2005 Nissan Altima on northbound Gilman Springs Road, a two lane highway, in Moreno Valley, when it went out of control and crashed nearly head-on with a 2005 Ford Escape operated by Linda Cervantes, with plaintiff Sarah Johnson, 30, an occupant meat clerk, seated as a passenger. Both vehicles caught fire after the impact and Cervantes was killed. Godoy and Johnson both sustained burn , while Godoy also sustain multiple fractures. Nine months after the incident, Godoy received a recall notice from Nissan for a potential stalling risk associated with the crankshaft position sensor. Originally, Edwin Johnson, David Johnson, Marjorie Adams and Herminio Godoy were plaintiffs, along with Sarah Johnson and Marjorie Adams. The Johnsons and Adams alleged that they were heirs of Cervantes. However, discovery determined that Edwin Johnson, David Johnson and Marjorie Adams were not the proper legal heirs, and their claims were dismissed before trial. Herminio Godoy was also determined to be the registered owner of the Altima, but his claims were non-suited after the plaintiffs’ case. Thus, Mario Godoy and Sarah Johnson, in a consolidated suit, sued Nissan North America Inc., Raceway Nissan LLC, Nissan Motor Co., Ltd., Hitachi Automotive Systems Ltd., Ford Motor Co. Inc., and Jack Gosch Ford Inc. However, Hitachi Automotive Systems was granted summary judgment, while Ford Motor Co. and Jack Gosch Ford settled out and were dismissed as defendants. As such, the case continued solely against the Nissan entities only. Mario Godoy and Sarah Johnson alleged that Nissan defectively designed the 2005 Nissan Altima in question. Plaintiffs’ counsel contended that the Nissan Altima was traveling at about 70 mph when the engine stalled due to a defective crankshaft position sensor on the vehicle, located in this 2005 Altima on the rear side of the transverse mounted, 4-cylinder engine. Counsel further contended that the sensor had an intermittent signal loss that resulted in a stall at high speed and caused a loss of control. Nissan’s counsel denied the plaintiffs’ allegations and argued the subject crash was due to excessive speed, contending that the Altima was traveling between 80 and 87 mph. Counsel also argued that the sensor in question did not have the recall condition, and that no sensor failure caused the crash., Both Mario Godoy and Sarah Johnson were taken to a hospital from the accident scene. Godoy, now 29, suffered a left tibia and fibula fracture, a right femur fracture, a right scapula fracture, abrasions to the head, and burn to the right hand and right leg. For the left tibia and fibula fracture, Godoy had a titanium rod inserted from the left knee to ankle, while he had a titanium rod inserted from the right hip to right knee for the right femur fracture. Godoy was eventually able to return to work. However, his doctors claimed that Godoy requires an arthroscopic procedure on his right shoulder and needs to have the left tibia shaved as a result of an abnormal growth. Johnson, now 36, sustained bilateral burns on her left and right legs, from the knee down. She also sustained a burn on her left thigh and an eye muscle strain. In addition, she claimed she suffered stomach problems, which required the removal of three feet of intestine and left her with what she considered was a very unattractive scar. Johnson also had a rod placed in her left leg. Ultimately, she was hospitalized for several months and underwent multiple surgeries. Johnson claimed that her eye strain causes her double vision. She also claimed that surgery has been recommended to address the continued abdominal and eye issues, consisting of double vision, diarrhea and stomach pain. Johnson also claimed she suffers continued pain in her upper and lower back, hip, and knees, as well as burning sensations and itching on the various leg burns. Thus, Johnson claimed that she is on disability and unable to return to work.
COURT
Superior Court of Riverside County, Riverside, CA

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