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Udac v. Takata Corp
Hawaii man awarded $16M in failed seatbelt case - Friday, December 23, 2005 Udac v. Takata Corp - A Big Island jury has awarded a 26-year-old Naalehu man more than $16 million in connection with a single-car accident in 2000. Dason Udac, who is now a paraplegic, alleged that Takata Corp. manufactured a defective seatbelt. On Oct. 8, 2000, Udac was found outside a 1987 Nissan Pathfinder that had flipped over at the 58-mile marker of Highway 11. Udac and his father sued Takata, alleging that the TK-821 seat belt buckle system was defective, negligently designed and the cause of Udac's injuries. According to Udac's attorney, the jury found Takata 65 percent negligent and Udac 35 percent negligent in its verdict Thursday. The jury awarded Udac $3.7 million for lost wages and medical bills and $2.5 million for pain and suffering. It imposed another $12.5 million in punitive damages against Takata. The jury also awarded $650,000 to Udac's father, 84-year-old Alfredo Udac, for emotional distress and the loss of care from his son. The compensatory damages will probably be reduced according to the percentage of negligence assessed to Takata - but the punative damages will probably not be subject to such a reduction. The resulting award will likely be in excess of $16 million.
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Accident Lawyer Hawaii
William Lawson, Esq.
Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813
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So-called "medical records reviews" by defense medical experts who review medical records but never examine the plaintiff have been found to NOT meet the admissibility requirements of Daubert. A Federal court in Virginia has ruled that a doctor's comments on a patient whom the doctor has never seen (1) evades meaningful testing, (2) eludes peer review, (3) has error rates which are incalculable and (4) fails the test of general acceptability. Diagnoses made simply by reviewing the notes of other doctors and considering tests and procedures which have been performed without the benefit of the patient's own words and a direct physical examination of the patient are simply too unreliable to allow such testimony in court. Hartwell v. Danek Medical, Inc., 47 F. Supp. 2d 703 (W.D. Va. 1999)
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