Fort Lauderdale Attorney Scores Defense Win For Man Whose Bumper Caused Fatality
Mercede swerved to avoid the object, lost control of her Lexus SUV and rolled over several times. First responders found her body at the scene. Her daughter suffered hand lacerations.
The bumper cover belonged to an older model Nissan driven by Erik Boyer, also from Boca Raton. The traffic investigator did not cite Boyer, who said he was unaware the part had fallen off.
The vehicle was owned by Boyer's mother. Her insurer, Allstate, tendered the maximum policy amount of $10,000, but it was refused.
The bumper cover was not preserved as evidence. Boyer took the car to be repaired shortly after the accident. The body shop replaced the bumper and discarded the old one.
Hill said the Mercede family filed separate liability claims in Palm Beach and Broward counties. Defendants included Toyota Motor Co., maker of the Lexus, Nissan, the dealers that sold the cars and the Boyers.
Over the next several years, the primary focus of litigation was product liability claims against both manufacturers, Hill said. Their main target was the Lexus sport utility vehicle, which was attacked as being prone to rolling over.
The cases were consolidated in Broward, and the Mercedes reached confidential settlements with the manufacturers, Hill said.
Before trial, the plaintiffs asked the Boyers to agree to a consent judgment of $3 million.
Plaintiffs case: Campbell did not elaborate on his case.
Hill anticipated the Boyers would eventually be dismissed as defendants, but that didn't happen. Before trial, the plaintiffs asked the Boyers to agree to a consent judgment of $3 million.