Mr. Aguirre’s vehicle became trapped underneath the 53-foot long trailer.
Manufacturer defects imply a design failure, or a lack of quality control testing in production, and can put consumers at risk for serious injury. Because of such failures on the part of the manufacturer, the lives of victims affected by these defects can change in an instant. In August of 2012, Jose Aguirre, 28, was driving his 2001 Nissan Xterra across a parking lot at work – a large-scale nursery, when he sustained injuries that left him paralyzed and wheelchair bound, needing 24-hour assistance for activities of daily living.
The incident began when Aguirre’s vehicle unexpectedly accelerated to 30-35mph, hit a concrete ramp, launched into the air, and was wedged underneath the side of a 53-foot long trailer parked on the opposite side of the ramp. The impact crushed the Xterra’s engine back toward the driver, trapping Mr. Aguirre in the vehicle. After the crash, investigators found the accelerator pedal arm had become trapped under the parking brake bracket. The manufacturer, noting that Aguirre had failed to change course or brake, claimed that he had fallen asleep at the wheel, and was therefore responsible for his resulting life-altering paralysis.
Hayes + Associates was retained by Attorney Roger Dreyer of Dreyer, Babich, Buccola, Wood and Campora (www.dbbwc.com) to help determine if Aguirre’s catastrophic injuries were caused by a defect with the accelerator pedal, or by his falling asleep.
At trial, H+A founder, Wilson C. “Toby” Hayes, Ph.D., testified that Mr. Aguirre did not fall asleep at the wheel, as the Defendant claimed, since, in the absence of a defect, the vehicle would have slowed down from relaxation of his leg muscles. Dr. Hayes, instead, testified that Mr. Aguirre’s failure to respond to the stuck pedal was explained by well-known delays, or even a kind of paralysis in perception response time that sometimes occurs in life threatening situations. At the end of trial, the Court found that the pedal arm defect and the manufacturer’s failure to properly design and test this model of the Nissan Xterra was responsible for Mr. Aguirre’s paralysis and loss of quality of life.
The Court returned a plaintiff verdict, awarding Mr. Aguirre $36 million.
Hayes+Associates, Inc. (https://www.hayesassoc.com) is an expert witness and consulting firm based in Corvallis, OR. The company brings more than 75 years of collective experience in academic research, university teaching and forensic testimony to practice areas that include vehicle collisions, premises safety, slips and falls, products liability, worker safety, sports and recreation, patent litigation and criminal matters.