Earlier this month, an appellate court affirmed the dismissal of a case brought by two accident victims based on the fact that they did not raise an “issue of fact” as it pertained to proximate cause. The court determined that the plaintiffs failed to show that there was sufficient evidence that the defendant’s negligent acts were the cause-in-fact of their injuries.
In the case, Piltch v. Ford Motor Company, the Piltches were seriously injured when their 2006 Mercury Mountaineer hit a patch of black ice, slid off the road, and crashed into a nearby wall. None of the cars’ airbags deployed during the accident. The Piltches filed suit against the manufacturer of the vehicle, claiming that under state law the vehicle was defective. They argued that they should be compensated for their injuries because the fact that the airbags did not deploy resulted in them sustaining more serious injuries than they would have had the airbags worked properly.
However, at trial the Piltches failed to present any “causation” evidence from an expert, meaning that they were relying solely on circumstantial evidence that the fact that the airbags didn’t deploy worsened their injuries.