(left to right: Nelson G. Apjohn of Nutter McClennen and Fish LLP and Thomas N. Vanderford of Hyundai Motor America)
A Massachusetts Superior Court jury returned a defense verdict for Hyundai Motor America in a product liability trial in Bristol County Superior Court on February 18, 2016, after less than a day of deliberation.
The plaintiffs, a former Department of Public Works worker and his wife, sued Hyundai Motor America for damages resulting from an accident involving a 2002 Hyundai Elantra and a trash truck. The worker lost both legs after being pinned to the trash truck by the driver of a 2002 Elantra. The plaintiffs claimed that the 2002 Elantra’s brake and accelerator pedal configuration was conducive to simultaneous depression of the pedals and unintended acceleration, causing the 2009 accident.
After a seven-day trial, the jury found in favor of Hyundai Motor America, determining that the configuration of the Elantra’s brake and accelerator pedals was not defectively designed.
Hyundai Motor America was represented by IADC member Nelson G. Apjohn and Rebecca H. Gallup of Nutter McClennen and Fish LLP, and IADC member Thomas N. Vanderford of Hyundai Motor America.
The case is Hussey v. Hyundai Motor America, Civil Action No. 0973CV01670, Bristol County Superior Court – New Bedford, Massachusetts.