A woman who was paralyzed in a 2013 car crash received a $24 million settlement, most of which will be paid by Acura of Concord. The crash occurred when an Acura employee, who was tracking an erratic driver, veered into the woman's lane while on the job. General Motors has settled two ignition switch defect cases for an undisclosed amount, adding to the nearly $2 billion it has paid out in damages and penalties related to the faulty switches. A proposed class action lawsuit alleges that youth football organizations misled parents and players about the safety risks of brain damage from tackle football for 20 years and is seeking damages and warning labels on helmets.
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GM Settlements, Youth Football Suit, Samsung Recall
1. NEWS You Can Use
From the Walker Advertising Research Desk 9/6/16
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1. Dealership to pay $24M in accident settlement
Adapted from L.A. Daily Journal, 9/6/16
A woman paralyzed in a 2013 car crash has received a $24 million out-of-court settlement, most of which
will be paid by Acura of Concord. Driver Rebecca Forkey, who broke her neck in the collision, was
represented by personal injury firm Rouda Feder Tietjen & McGuinn. The crash occurred when a car veered
into Forkey’s lane. She swerved and lost control of her car, which struck an embankment and flipped several
times. The car that veered into Forkey’s lane was driven by an employee of Acura of Concord. The
employee, who was on the clock at the time, had called 911 to report an erratic driver. The employee
tracked the erratic vehicle, and slowed down to draw alongside the erratic driver. The erratic driver then
veered into the employee’s lane, causing the employee to veer into Forkey’s lane. The erratic driver, who
was later stopped, was found to be on numerous prescription drugs and has since been sentenced to seven
years in prison.
2. G.M. Settles Two Cases Claiming Ignition Flaw; GM Settles Last Suits on Switches
Adapted from N.Y. Times, 9/6/16, and L.A. Times, 9/6/16
General Motors Co. (GM) has settled two federal court cases over its allegedly defective ignition switches
for an undisclosed amount, according to plaintiff attorney Bob Hillard. Both cases were among several
bellwether trials relating to hundreds of claims against GM. In 2016, one federal bellwether case was
dropped, GM won two, and three were settled. In 2014, GM recalled about 2.6 million small cars worldwide
to replace the faulty ignition switches. The ignition switches could shift to the off position while the car was
in operation, cutting power to the engine and safety features such as the airbags. The switches caused at
least 124 deaths and 275 injuries, according to GM’s compensation fund for victims of the defect. Thus far,
GM has paid almost $875 million to resolve death and injury claims, and $300 million to settle shareholder
lawsuits. In addition, the automaker paid a nearly $900 million penalty to the U.S. Justice Department to
resolve a criminal case. GM may also face liability for accidents that occurred before its 2009 bankruptcy. In
July, a federal appeals court reversed a lower court decision that had shielded the automaker against pre-
bankruptcy cases. GM has asked the appeals court to reconsider the decision.
3. Youth football parents sue for damages and warning labels
Adapted from L.A. Daily Journal, 9/6/16
A proposed class action filed in federal court alleges parents and their children were misled about the
safety of youth tackle football for 20 years. The fraud, negligence and misleading advertising suit charges
that youth football helmets should carry warning labels about the risk of brain damage. The plaintiffs seek to
bar statements that they allege create a false sense of safety around the game, and damages for all Pop
Warner participants who have suffered a brain injury since 1997. The named defendants include the
National Operating Committee on Standards for Athletic Equipment, which sets helmet standards; USA
Football, which developed a training method that reportedly reduces injury rates; and Pop Warner Little
Scholars Inc., a national collection of youth football leagues. The plaintiffs include the families of deceased
former Pop Warner players who were allegedly diagnosed with chronic traumatic encephalopathy
2. NEWS You Can Use
From the Walker Advertising Research Desk 9/6/16
_______________________________________________________________
_______________________________________________________________
Courtesy news clipping service provided to clients of Walker Advertising. All material is copyrighted by respective
publications. For copies of complete articles, contact your sales rep or Walker Advertising at 1-800-4WALKER.
postmortem. The proposed class could include an estimated 4.5 million people, based on Pop Warner’s
claim that it has 250,000 participants per year.
4. Samsung Recalls Note 7 Phones; Focus Is on Samsung Battery Maker
Adapted from L.A. Times, 9/3/16, and Wall St. Journal, 9/6/16
Samsung Electronics Co. is recalling about 2.5 million Galaxy Note 7 smartphones worldwide after some
batteries caught fire or exploded. Analysts predict the recall will cost the company about one trillion won,
equivalent to around $905 million. Samsung said it had confirmed 35 incidents of batteries exploding or
catching fire, although as yet there have been no reports of injuries.
5. Former student alleges school mishandled sexual assault case
Adapted from L.A. Times, 9/3/16
A former University of San Diego student has filed suit against the university, alleging it mishandled the
investigation after she was raped in February 2014. The student was allegedly raped after hanging out with
her new roommates and their friends in her dorm room. She alleged the assailant gave her a drink that
made her dizzy and made it hard to move. After her roommates went to bed, the assailant allegedly choked
and raped the former student. The victim fled to a nearby campus parking garage, where she met with a
university Public Safety officer. She allegedly told the officer she had been drugged and raped, and that she
wanted him to call the police. The officer arranged for an ambulance that took her to the hospital.
Meanwhile, public safety officers were sent to the victim’s dorm room. One of them drove home a naked
man they found sleeping in the victim’s bed, a man who admitted to having sex with her. The officers’ report
made no mention of collecting evidence, or trying to prevent the man from contaminating the crime scene.
Plaintiff attorney Carla DiMare said the university’s delayed call to the police and the public safety officers’
failure to collect evidence hindered the investigation. The district attorney’s office ultimately opted not to
charge the allege assailant, according to an email sent by a police detective to a university public safety
officer.
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