Rob Blank Wins Final Summary Judgment In Toyota Airbag Case
Rumberger Kirk & Caldwell attorney Rob Blank represented Defendants Southeast Toyota Distributors, LLC and Central Florida Toyota in a products liability lawsuit in Osceola County, Florida. On January 13, 2011, Plaintiff Gilsiri Rivera-Lopez was involved in an off-set head on collision in her 2010 Toyota Venza. A 2004 Nissan Altima began to drift into her lane. In an attempt to avoid a collision, Plaintiff veered to the right while pressing hard on her brakes; she was either at a complete stop or almost at a complete stop when the Altima lightly impacted the right side panel and bumper on the driver’s side of the 2010 Toyota Venza.
Plaintiff claimed the driver’s front airbag was defective because it failed to deploy during this low-speed side-impact collision causing her to suffer injuries to her neck and back. Blank argued Defendants were entitled to judgment as a matter of law because there was no evidence Plaintiff suffered an enhanced injury resulting from the non-deployment of the frontal airbag. Osceola County Circuit Court Judge Jeffrey Fleming agreed, granting the Motion for Final Summary Judgment and entering a Final Judgment in favor of Defendants. Defendants' Motion for Fees and Costs is pending.