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LEGAL BRIEFS


The Truth About the GM "Side-Saddle Fuel Tank" Case

In 1993, a jury ordered General Motors Corp. to pay $101 million in punitive damages to the parents of a 17-year-old boy who died when the 1985 GMC Sierra pickup truck in 1989 exploded when it was struck on the side by another driver who ran a red light.

The issue was whether the fuel-tank placement and design were defective causing passengers to burn to death after a GM truck was struck on the side. GM argued that the young boy in this case was killed almost instantly upon impact and not from the fire. GM further tried to show that the young boy did not experienced pain and suffering, a prerequisite for punitive damages. But the jury apparently believed the plaintiffs' eyewitness testimony that the young boy had been conscious after the collision and that he experienced great pain and suffering.

A former GM safety engineer, testified that GM had intentionally hidden its knowledge of the dangerous safety defect. He said that GM had known for years that the design was defective but refused to fix it for fear of alerting the public.

In addition, videotapes of GM's own crash tests between 1981 and 1983 proved that when the truck was struck on the side its fuel tank broke open.

According to one juror "We felt there was wanton and willful disregard for common sense."

The jury determined that:
1. GM knew the trucks had a defective fuel-tank design and knowingly failed to correct it.
2. GM put the fuel tank outside the frame of the pickup, which safety experts found made it susceptible to puncturing during a collision.

As of 1993, GM faced at least 130 other lawsuits involving the design of the fuel tank in trucks manufactured between 1973 and 1987. In 1988, GM moved the fuel tanks inside the truck frame; however, denied that it did so for safety.


DISCLAIMER
This information has been prepared only for general purposes and is not
legal advice. Presentation of this information is not intended to create an
attorney client relationship. Do not act upon this information without
seeking professional counsel.





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