Eisenberg Cutt Kendell & Olson is pleased to announce that Partner Eric S. Olson and our legal term were recently successful in securing a victory that allows a personal injury lawsuit our firm filed against Fiat Chrysler to proceed against the automaker. The personal injury lawsuit, currently pending in Utah district court, was filed against Fiat Chrysler on behalf of a client who was paralyzed when the Dodge Durango she was riding in lost control and crashed.
The recent case victory came when a New York bankruptcy judge refused to erase our client’s lawsuit against Fiat Chrysler. In April, the automaker filed a motion to dismiss the personal injury lawsuit of our client – filed as a negligence / failure to warn claim – who was catastrophically injured and paralyzed in a 2015 accident. In that crash, we alleged a tread / belt separation caused the Dodge Durango SUV our client was traveling in as a passenger to lose control, run off the road, and roll onto the vehicle’s roof. The crushed roof caused our client to suffer a severe spinal cord injury.
As noted by the Judge in the bankruptcy proceeding, our client’s pending lawsuit in Utah was a product liability claim involving a product sold by Old Chrysler, which was purchased in a bankruptcy sale by Fiat Chrysler in 2009, and that New Chrysler assumed liability for such claims.
The ruling is a significant victory for our client, who will have the opportunity to continue her lawsuit against Fiat Chrysler for a recovery of damages she incurred in her accident, including her extensive past and future medical expenses. Such results are a testament to the relentless and unwavering commitment our legal team devotes to injured clients and their loved ones, and the skill and experience of Mr. Olson. We intend to pursue the justice and full compensation our client deserves in her pending product liability case.