News and Press Releases
NEWS RELEASE: $8 million verdict returned by Platte County, Missouri jury in Aaliyah George by next friend Sally J. George v. Johnson Controls, Inc.
Circuit Court of Platte County, Missouri, the Honorable Judge Abe Shafer presiding
On October 24, 2007 Margaret Steele picked up her daughter, Sally George and her two year old granddaughter, Aaliyah George from the Kansas City International Airport. Ms. Steele was driving her 1997, two door, Dodge Neon and all parties agree that Aaliyah was properly restrained in her car seat behind her grandmother.
Shortly after leaving the airport, Ms. Steele stopped at a red light. While sitting at the light, a Pontiac Sunfire driven by Mary Ellen Cunningham rear ended Ms. Steele’s car. During the collision, Ms. Steele’s seat broke and collapsed backwards, causing her head to be propelled into Aaliyah’s head. As a result, Aaliyah suffered multiple skull fractures and a massive injury to her left frontal lobe. Aaliyah spent nearly a month in Children’s Mercy Hospital, where doctors worked to do everything they could to save her.
As a result of the accident, Aaliyah has permanent partial paralysis to the right side of her body. Aaliyah has almost no use of her right hand and arm and has limited use of her right leg. Additionally, Aaliyah suffered an injury to the nerve in her left eye, which prevents that eye from tracking with her right eye. Aaliyah’s most significant injury however, is the permanent damage to her left frontal lobe in an area which controls her higher learning, speech and thought process. Aaliyah’s treating physician, Dr. Walter Afield testified that Aaliyah will not progress cognitively much beyond that of an adolescent. Dr. Afield also testified that Aaliyah will never function as an independent adult and will require assistance for the rest of her life.
Plaintiff’s expert, Mr. Lou D’Aulerio testified that Ms. Steele’s seat was defective in design. He explained that the design of the seat allowed a twisting of the seat back in a rear-end collision. Consequently, this twisting would allow the plates of the recliner to separate and cause the seat to collapse backwards into a rear seat occupant.
Mr. D’Aulerio testified that the seat should have been designed with dual recliners, which would have stopped the twisting of the seat and prevented the seat from collapsing.
Plaintiff’s accident re-constructionist determined that the Sunfire was travelling at just under 30 mph. The defense accident re-constructionist disagreed and said the Sunfire was travelling at around 43 mph. Mr. D’Aulerio testified that a seat should not collapse at either speed.
Johnson Controls Incorporated (JCI), the seat designer and manufacturer, agreed that their own pre-production testing showed that the seat would fail just as it did in this collision.
JCI also agreed that their own testing showed that this seat would fail at around 8,800 pounds, nearly half the energy that would be created if the Sunfire were going only 25 mph.
Surprisingly, JCI’s Corporate Representative and seat expert testified that he had no opinion on whether the seat was defective and that he doesn’t design seats with rear occupants in mind.
JCI, through their website and media interviews purports to be a world leader in the design of safe automotive seats. Plaintiff presented evidence that in the mid-nineties the National Highway Traffic Safety Administration (NHSTA) contracted with JCI to do a study on how to design safer seats.
In stark contrast to this, JCI claimed to have no knowledge on crash tests and how a seat will react in a rear-end collision.
JCI’s Corporate Representative claimed to have no knowledge of the NHTSA contract and in a shocking admission, testified that he doesn’t know if a seat should hold up in a five mph rear-end collision.
Dr. Robert Asarnow, a PhD psychologist from UCLA testified for JCI regarding Aaliyah’s injury. Dr. Asarnow claimed there was no data to support plaintiff’s claim that Aaliyah would get worse over time. Dr. Asarnow was forced to admit on cross examination that in a study he published just last year, he reported that children with brain injuries not only fail to catch up to their peers, they get worse over time.
The trial began on July 19, 2010. It included testimony of 19 fact and expert witnesses. Following the week and a half trial and 6 hours of deliberation, the Platte County jury returned a verdict of $8 million in favor of Aaliyah George. This is believed to be the largest verdict against Johnson Controls, Inc. for a seatback failure case.
Sally George, Aaliyah’s mother, is extremely happy with the result. Aaliyah’s attorneys are also pleased with the verdict and thankful that Aaliyah will be able to receive the care she needs and deserves. “This is a great result for a wonderful family.” said Adam Graves. Even Johnson Control’s expert testified that Aaliyah’s parents, Sally and Chris, were some of the best parents he has ever worked with.
Robert Langdon, Adam Graves and Phyllis Norman of Langdon & Emison represented the Plaintiff. Langdon & Emison are actively engaged in national trial practice. They have primary offices in historic Lexington, Missouri just east of Kansas City, Missouri. Langdon & Emison has a long history of multi-million dollar verdicts and settlements for their clients throughout the United States.
Further Inquiry: Robert L. Langdon, Langdon & Emison, 911 Main Street, Lexington, MO 64067; blangdon@langdonemison.com; Phone: (660) 259-6175; Fax: (660) 259-4571.
Langdon & Emison Secures $23.4 Million Verdict for California Woman Paralyzed in Ford Explorer Accident
Experienced automotive accident law firm obtains unanimous jury verdict after six-week trial in San Bernardino County.
(Lexis Nexis) March 1, 2010 -- Lexington, MO (Martindale-Hubbell® Newswire/PRWeb) March 1, 2010 -- In a closely watched civil trial in the Superior Court of California, a legal team from the Missouri-based law firm of Langdon & Emison recently obtained a $23.4 million verdict against Ford Motor Company on behalf of a single mother who suffered permanent injuries as a result of a 2007 accident.
In the case, Cynthia Castillo v. Ford Motor Company et al (Case No. CIVRS 706262), Ms. Castillo filed a lawsuit against Ford and the companies who manufactured and installed the tires on her 1997 Ford Explorer. Her lawsuit was based on a tragic car accident caused when the left rear tire on her vehicle "de-treaded" on a California freeway and the vehicle instantly became unstable and uncontrollable, forcing the Explorer to run off the freeway and roll down a steep embankment.
The accident knocked Ms. Castillo unconscious and she suffered brain damage. Just 38 years old at the time of the incident, she is now a quadriplegic, fully dependent on 24/7 care for the remainder of her life. Instead of being the caregiver for her young daughter, her child became one of her mom's caregivers.
In her lawsuit, Ms. Castillo argued that the accident was caused by hidden handling defects in the Explorer. At trial, Ms. Castillo's legal team -- Robert L. Langdon, Adam W. Graves and Phyllis A. Norman of Langdon & Emison and Daniel T. DeFeo of the DeFeo Law Firm -- presented evidence that high level management at Ford's world headquarters in Dearborn, Mich. were aware of similar wrecks caused by hidden handling defects. Specifically, they introduced evidence showing that Ford spent $3.5 million correcting the defect in Venezuela, but chose to ignore the fix recommended by its own engineers and not to spend the $500 million needed to fix the Explorers in North America.
After a six-week trial and more than three days of deliberations, the California jury in the case reached a unanimous verdict finding the Ford Explorer to be defective. The jury awarded Ms. Castillo $13.4 million for medical care and future life needs and another $10 million for her pain, suffering and loss of enjoyment of life.
"Cynthia Castillo was among Ford's targeted group of 'soccer moms' for the 4 million Ford Explorer SUVs sold in North America from 1990 to 2001, which fit the active, athletic lifestyle she enjoyed with her then 7 year old daughter," said Langdon. "That all came to an abrupt halt on the day of her accident, but we are pleased that justice was served with the jury's verdict and thankful that Cynthia will be able to receive the additional care she needs and deserves."
Langdon & Emison is recognized throughout the country as a leader in the areas of product liability and personal injury law. From its offices just outside Kansas City, the attorneys at Langdon & Emison serve clients across the nation who have been injured or lost a loved one in an automobile accident that occurred due to a defective product or the negligence of another party. For more information, please visit www.langdonemison.com or call (866)959-7305.












