$10.4 Million Louisville Car Accident Settlement for Life-Changing U-Haul Personal Injuries
A U.S. District Court in Louisville recently pitted blame for a family’s personal injuries on a U-Haul tow dolly carrying their truck during a 2002 move from Indianapolis to Florida and awarded a $10.4 million personal injury verdict. Specifically, Christopher and Corry Burke were moving with their infant son Ryan four-and-a half years ago when the car they were towing on their Ford Explorer began to fishtail. The cars then jackknifed into each other and bounced into and over a guardrail. All three passengers suffered serious injuries, including Corry, who is now a paraplegic after sustaining crushing spinal injuries.
The couple claimed in their personal injury lawsuit that the towing combination was unsafe in part because of a U-Haul rental policy allowing the vehicle doing the towing to carry too much weight, according to the story in The Courier Journal. According to the personal injury claim, the 650-pound U-Haul dolly attached to the Ford Explorer was towing the couple’s Ford Contour. The Burke's personal injury attorneys also said that these dollies are especially unsafe with sport utility vehicles because of SUV’s “high center of gravity and narrow wheel base.” The couple also tried to introduce testimony from 11 other people injured in similar tow dolly accidents, but a judge rejected this attempt.
After a two week trial and two day deliberation, the nine-person jury found that U-Haul did not demonstrate ordinary care in the design and distribution of the tow dolly, which was found “defective and unreasonably dangerous.” 29-year-old Corry Burke was awarded $9.4 million for pain and suffering, loss of earning capacity, and past and future medical expenses. Her husband, 54-year-old Christopher, received $1.6 million. These amounts were reduced 10% because the jury found the Burkes’ somewhat negligent because Corry did not have her seat belt on.
According to the story, Christopher Burke declined comment on the outcome of the case but did describe the last 4½ years as being full of “pain, struggle and horror.” U-Haul defended the safety and design of the tow dolly, and said that it will appeal the verdict. Earlier this month, an Ohio couple was awarded $2.6 million in a Tennessee car accident settlement involving a U-Haul trailer which swerved and flipped nearly five years ago.