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Case Notes
Hand Brake Manufacturer Settles Fatal Accident Case
The manufacturer of a special hand brake for paraplegic drivers agreed to pay $1 million to the family of a man who claimed the brake failed, causing a fatal collision. Estate of Burnsed v. Wells-Enberg Co., No. 48-2003-CA-007656-0, Orange County Circuit Court, FL, June 25, 2007.
Michael Burnsed, a paraplegic in his 50s, was driving down a hill when he was unable to engage his brakes. He died in the ensuing crash, and his survivors sued Wells-Enberg Co., the brake manufacturer. Plaintiffs' counsel argued that the hand control contained a rod that became loose due to vibration, causing the control to malfunction. There should have been more safeguards in place to prevent any loosening caused by vibration, according to plaintiffs' counsel.
Wells-Engberg claimed its safeguards were sufficient and it has sold more than 30,000 units without any such incidents. The manufacturer settled the claim.
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