James & Beverly Hodges v. Mack Trucks, Inc.; U.S. District Court, Eastern District, Texas

Mack designed its 2002 Model 600 series over-the-road semi-tractors doors to accept an off-the-shelf door latch from a Canadian supplier. Mack did no testing to determine how the door and latch might perform in a real world crash. Nor did Mack require the latch supplier to do so. Mack had no system for tracking how its vehicles performed in crashes once they were sold. The latch design itself was a 25-year old Ford Motor Company design long since abandoned by Ford. Despite the fact that virtually all of Mack's heavy truck competitors used much safer door latch designs, Mack claimed that it would have been too expensive to re-tool its door to accept those latch designs. Mack also refused to consider installing a safer door latch design costing only $6.00 per door that easily could have been adapted to the existing door design. Everyone agreed that if the driver had remained in the cab, he would not have been hurt. Even though the passenger door was not struck in the crash, the door opened and the driver was dumped out on the ground as the truck tipped momentarily to the passenger side. The driver was rendered a brain-injured paraplegic as a result. The accident itself was caused by another individual who failed to yield the right of way and ran into the truck's right side steer wheel, causing loss of control. That person survived the accident without injury.

Russell & Shiver, LLP
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