August 22, 2008

Jury finds repair shop's failure to diagnose and repair a vehicle's overheating problem caused the vehicle owner's death.

Mulligan v. Barrett, Ky., Jefferson Co. Cir., No. 06-CI-03827, Mar. 13, 2008.

Mulligan, 67, had his vehicle towed to Don's Auto Clinic twice for overheating. The second time, the repair shop owner decided to install a rebuilt engine. Two days later, Mulligan left his car idling for about 30 minutes while he was sitting in it. A fire erupted in the engine compartment, engulfing Mulligan in flames. He suffered third-degree burns over 45 percent of his body, including his airway, and died three days later. Mulligan had been a butcher and is survived by his five adult children.

Two of Mulligan's daughters, as co-administrators of his estate, sued the repair shop and its owner and operator, alleging failure to diagnose and repair the overheating problem. Plaintiffs alleged defendants' failure to correct the problem resulted in automatic transmission fluid spraying onto the hot manifold and spreading to the gas lines, causing the fire.

Defendants contended the fire was caused by a defect in the vehicle's intermittent cooling fan.

The jury awarded plaintiffs about $3.26 million.

A document in this case is available through the Exchange (http://www.justice.org/LegalResearchServices/Tier3/Exchange.aspx) courtesy of plaintiff's counsel, Mr. Grossman.

Read the full case abstract in the September issue of the Law Reporter(http://www.justice.org/Publications/Tier3/LawReporter.aspx) watch for it in your mailbox soon!

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