Earlier this month, a federal appellate court issued an interesting written opinion in a product liability case, discussing when a plaintiff is able to introduce evidence of similar defects in the defendant’s product that had occurred in the past.
The plaintiffs were stopped at a highway off-ramp when they were rear-ended by a 1996 Toyota that was exiting the highway, traveling at 75 miles per hour. Two of the people in the car were instantly killed, and three other passengers were seriously injured, with one suffering from quadriplegia.
Initially, the other driver was charged with vehicular homicide; however, Toyota later announced a recall of the braking systems of many 1996 Toyotas, including the other driver’s vehicle. He was later exonerated. After the recall and subsequent exoneration, the plaintiffs in the stopped vehicle filed a product liability lawsuit against Toyota.