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CASES & INVESTIGATIONS |
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GENERAL INFORMATION |
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| The following article
profiles a recent wrongful death action in which
Lieff Cabraser serves as counsel for the family
of the deceased. The complaint alleges that a defect
in the cruise control switch of Mr. Gavegan’s
car led to his death. |
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| March 6, 2007 |
Detroit
News, "Texan's
death rekindles Ford switch issue; Family of
retiree files suit blaming component linked with
engine fires" |
Al
Gavegan Sr.'s death in a house fire last summer
left family and friends in San Antonio searching
for answers -- and they say the evidence leads
straight to Ford Motor Co. and a faulty electrical
switch.
The
retired government contractor was well-known as the guy who operated the time
clock at high school football games and taught
kids with special needs. On birthdays, he asked
friends to forgo gifts in favor of teddy bears
he could donate to sick children at a local hospital.
Hundreds attended his funeral after the 76-year-old
died Aug. 14 in a blaze that started when a
late-night fire spread from his 1994 Mercury
Marquis parked in his attached garage, investigators
found.
A police report listed the fire's probable
cause as "an electrical malfunction in
the engine compartment of the vehicle." Gavegan's
family soon discovered that his Grand Marquis
was one of 16 million Ford vehicles built with
an electrical switch that has been linked to
nearly 550 fires and about 1,500 complaints.
Since
1999, Ford has recalled 6.85 million vehicles
with the switches, making it one of the largest
auto safety recalls in U.S. history. On Monday,
Ford again expanded the recall of vehicles
with the speed control switches in question.
The latest recall included 155,000 2003 model
SUVs and pickup trucks. But millions of vehicles
with the switch, including Gavegan's Grand
Marquis, have not been recalled.
Despite
five recalls and an exhaustive federal safety investigation, Ford has been unable
to put an end to switch issue. Ford faces more
than 20 lawsuits around the country -- including
a wrongful death lawsuit to be filed today
by the Gavegan family in Bexar County Court
in Texas.
Ford said its decision not to recall
all 16 million vehicles with the switches is based
on a National Highway Traffic Safety Administration
investigation and its own research that show
only certain vehicles with the switches are
at risk of catching fire. Ford, which initially
denied that the switches were defective, says
an "interaction" between faulty switches
and their placement in certain vehicles is
to blame, not the switches alone.
The
switch is used to deactivate a vehicle's cruise control
when a driver taps a brake pedal. Most of the
suits allege fires began well after the vehicles
were turned off.
Ford
stopped using the $21 Texas Instruments switch in 2002 after a decade of use.
In 1999, the company recalled the 1992 and 1993 Mercury
Grand Marquis models to replace the switch,
but not the 1994 model that Gavegan drove.
Ford says a specific batch of switches were
to blame.
Mark
Chalos, a Nashville lawyer representing
the Gavegan family, contends there was no significant
engineering difference between the 1993 and
1994 Grand Marquis. "These companies have
known for years about the fire dangers of these
switches. They have chosen not to recall affected
vehicles," Chalos said Monday.
The
Gavegans' suit also names Texas Instruments Inc. The
company sold the division that made the switches
in 2006 to Sensata Technologies. Of the 6.85
million vehicles recalled, Ford has fixed 45
percent.
A key reason the switches
are a fire hazard is that they have electricity running through
them after vehicles are shut off. The fix dealers
install is a fused wiring harness to prevent
a fire from starting. |
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| With over
50 attorneys in three offices nationwide, Lieff Cabraser
Heimann & Bernstein, LLP, is widely regarded as
one of the premier personal injury law firms in the
U.S. Since our founding in 1972, we have handled and
resolved thousands of personal injury cases in state
and federal courts throughout the country. For the
last five years, the National Law Journal has
selected Lieff Cabraser as one of the nation's top
plaintiffs' firms. |
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the very best representation and support
possible for our clients, and to obtaining
the highest compensation under law for their
claims. |
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clients throughout the litigation. Each client
is assigned an individual attorney who is
responsible for prosecuting the case and
regularly communicating with the client.
At the same time, our attorneys work as a
team, drawing upon their combined knowledge,
training and skills to provide our clients
with decades of litigation experience. |
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| Copyright © 2008 Lieff Cabraser Heimann & Bernstein,
LLP |
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