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| Lieff
Cabraser is one of the nation's leading personal injury law firms
representing clients nationwide in personal injury lawsuits involving
dangerous drugs, medical devices, and other products. |
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News Article Excerpt |
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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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| Lieff
Cabraser Heimann & Bernstein, LLP is a fifty-plus
attorney law firm that has represented plaintiffs nationwide
since 1972. We have offices in San Francisco, New York
and Nashville. We represent plaintiffs in class and
group actions and in individual lawsuits in cases involving
substantial losses. For the last six years, the National
Law Journal has selected Lieff
Cabraser as one of the top plaintiffs' law firms in
the nation. |
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Cabraser attorneys provide legal advice and practice law for clients in
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