Wrongfully withheld Evidence Can Result in Multi-Million Dollar Settlements in Defective Vehicle Case
When a company wrongfully withholds evidence in an accident investigation it can hurt their negotiating position.
A group of Atlanta-based attorneys has achieved a landmark multi-million dollar settlement in a product liability dispute against a corporate defendant accused of manufacturing a defective recreational vehicle that left a Georgia man paralyzed. The success of the case was attributed to a thorough investigation, including third-party discovery that revealed the defendant had "wrongfully withheld" evidence showing their knowledge of the hazard. The vehicle in question was an off-road recreational vehicle, and during a ride on a U-shaped 'rhythm track,' it rolled over, causing the roll cage to collapse and leaving the plaintiff quadriplegic.
The plaintiff lawyers collaborated with other attorneys to represent the plaintiff, conducting extensive testing, including a "drop test" with an alternative roll cage design, proving that it would have protected the plaintiff. Prior to trial, they discovered a crucial piece of evidence through cross-referencing third-party documents, which revealed a different roll cage design that the defendant had excluded from their own discovery submission. This finding led to the multi-million dollar settlement just before the case was set to go to trial.
The importance of full disclosure and transparency during litigation cannot be understated. Withholding evidence can lead to significant consequences, including large settlements. Corporate wrongdoing involved in marketing a defective product while concealing crucial safety information may impact the case value. When cases settle, the settlement should contemplate substantial relief for the plaintiff, covering existing medical expenses and future life care costs.