Fuel From GM Pickup Caused Fireball
Gas Tank Was Mounted Outside Frame
Confidential Settlement
Matt Robertson sued General Motors for products liability after he was severely burned in an automobile accident.
On Aug. 18, 2000 Robertson was driving a Dodge Intrepid on Interstate 29 in South Dakota. A 1978 Chevrolet pickup driven by Andrew Foisy turned onto the highway. Robertson struck the pickup behind the driver's side door, where the "side saddle" gasoline tank was mounted outside the frame rail.
The gas tank on the pickup was punctured in several places. Burning gas spewed onto Robertson's car and caused an immediate fireball. Foisy escaped uninjured, as did Robertson's wife, Jill, who was a passenger, but Robertson suffered severe burns on his left arm and face.
Jill Robertson filed the initial case against Robertson, Foisy and GM. Robertson then filed a crossclaim against GM. In his lawsuit, Robertson claimed that the gas tanks on GM pickups made between 1973 and 1987 had little or no protection because they were located outside the frame. He said that when the pickups were introduced in September 1972 the first production model failed a side-barrier impact test at 30 mph, and that the pickups failed numerous other tests.
According to Robertson, there were over 500 similar occurrences in GM pickups. He said the company knew that tanks were being ruptured and fires were occurring but continued to sell the pickups for 15 years.
GM denied any defect in its 1973-87 pickups. It said that the pickup fuel system design, first introduced in September 1972, met an internal GM performance objective that exceeded federal safety standards that were not applicable to trucks until five years later. The 1978 pickup involved in the collision met and exceeded all federal government safety standards for fuel systems.
In addition, GM said its pickups have a lower fire rate than most vehicles on the road and that the performance of the pickups both in crash tests and on the roads confirmed the safe design of their fuel systems.
The parties settled for a confidential amount before trial.
Type of Action: Products liability
Type of Injuries: Severe burns
Court/Case No./Date: Buchanan County Circuit Court/02CV72308/September 2003
Caption: Robertson v. General Motors, et al.
Judge, Jury or ADR: Jury
Name of Judge: Weldon C. Judah
Special Damages: Not disclosed
Verdict or Settlement: Confidential settlement
Allocation of Fault: N/A
Last Offer: N/A
Last Demand: N/A
Attorneys for Plaintiffs: J. Kent Emison, Lexington; Kenneth E. Siemens, St. Joseph
Insurance Carrier: None
Plaintiff's Experts: Scott Altman, San Antonio (accident reconstructionist); Mark Arndt, Mesa, Ariz. (auto design); William R. Bush, Birmingham, Ala. (fire cause and origin); Jerry Wallingford, San Antonio (accident reconstructionist)
Defendant's Experts: William G. Cichowski, Rochester Hills, Mich. (accident reconstructionist); Jerry Ralph Curry, Haymarket, Va. (NHTSB expert); Dennis Guenther, Columbus, Ohio (crashworthiness); Michael P. Holcomb, Rochester Hills, Mich. (accident reconstructionist); Robert A. Sinke Jr., Hartland, Mich. (auto design); Earle Stepp, San Luis Rey, Calif. (auto design); Alan W. Thebert, Shelby Township, Mich. (auto design); Herbert E. Walter II, Washington, D.C. (financial planner); William E. Wecker, Novato, Calif. (statistician)
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