Payne v. Kahn Transportation Co., Inc.

On September 8, 2003, Plaintiff Charlotte Payne was driving a 1998 Cadillac Deville down a gravel road when the vehicle's airbags unexpectedly deployed without cause (i.e. impact or crash). As a result of the unwanted deployment of the airbag, Plaintiff sustained permanent injuries to her left shoulder and arm with a decreased range of motion and loss of strength. General Motors, the manufacturer of the Cadillac had been severed from the lawsuit due to its bankruptcy. Defendant Kahn was the dealer who sold the vehicle to the Paynes. Ms. Payne had approximately $13,143.54 in past medical expenses. The Defendant argued that the subject vehicle was not in a defective condition when sold. Defendant also argued that Mrs. Payne may have injuries but that she can still work.

The jury returned a verdict for Plaintiffs for personal injuries resulting from the unwanted airbag deployment and found her damages to be $100,000. Defendant's highest offer before trial was $35,000.

 

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