Cape Cod Injury Lawyer Blog
A former Massachusetts State Trooper has filed a lawsuit against Fiat Chrysler, seeking damages he sustained after one of the manufacturer’s vehicles pinned him against a wall. The officer, John J. Malone, suffered a torn ACL, fractures to both knees, and severe bruising that required hospitalization. The complaint names over 40 specific injuries that the plaintiff endured. It also states that the 69-year-old former professional will require a total knee replacement in the future.
Filed in federal U.S. District Court, the complaint states that the manufacturer failed to provide adequate warnings regarding a defect in its gear shift design and that it concealed information about its failure to address and fix the design defect. The factual allegations allege that the ZF Shifter is dangerous because the feedback mechanism is not adequate when it comes to providing a signal that the car has been shifted into the park position. Also, the plaintiff alleges that it lacks a mechanism that puts the car in park when the driver side door is ajar, and pressure is taken off the brake pedal.
This case is similar to another lawsuit involving a defective gear shifter, which was filed by former Star Trek Beyond star Anton Yelchin. In his lawsuit, he alleged that he was injured when his vehicle rolled away from his home down the driveway and pinned him between a pillar and a fence. The plaintiff was later declared deceased as a result of the accident and the injuries he sustained from the pinning. According to the police report, the vehicle was running, and the gear stick was set in the neutral position.
If you have suffered injuries as a result of a defective shifting mechanism in any of the following vehicles, you may be able to bring a product liability claim against Fiat Chrysler, seeking compensation for your injuries:
- Chrysler 300
- 2012-2014 Dodge Charger
- 2014-2015 Jeep Grand Cherokee
A product liability lawsuit does not require the plaintiff to establish fault or negligence. Instead, the plaintiff need only show that the allegedly dangerous product suffers from a dangerous defect. This defect can be a design defect or a manufacturing defect. It can also involve a failure to provide sufficient warnings about the product’s known risks. To show a design defect under Massachusetts law, the plaintiff must establish that the product poses a hazard of which the defendant knew or should have known.
At the Law Offices of John S. Moffa, our product liability lawyers take pride in assisting accident victims with bringing claims against companies that design, manufacture, market, and sell dangerous products. As consumers, we place substantial trust in companies to ensure that the products we buy are safe enough for us to use. Our skilled team of Massachusetts trial lawyers can assist you with each step of the litigation, including pre-trial investigations and negotiating with insurance companies. We offer a free consultation to discuss your situation and to help you learn more about your options. Call us now at 1-800-446-4485 or contact us online to set up your appointment.
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