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if there is a manufacturing defect in the car that causes it to under perform in an accident, which might cause death in an otherwise survivable accident, then one should be able to sue the manufacturer regardless of the cause of the accident. since people show an unwillingness to be rational when they sue people though, then it falls to the courts to maintain reason with things like this. It seems obvious that there was no defect causing this person to go off the road at 130mph and hit a tree other than the one behind the steering wheel. I think the article is trying to relate two unrelated incidents. The way I read the judgement it would cover a situation like the following: If Nissan decided to produce the new 370z door bars from plastic resulting increased fatality rate on side impacts, and you got T-boned while driving drunk and were killed, then your survivor could still sue Nissan for their negligence which directly contributed to your death.
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03:05:05 06/25/11
