Bammerlin vs. Navistar - in some situations and bad in...

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Econ 404 05:53:55 rmf34 Bammerlin vs. Navistar Judge(s): Easterbrook – Circuit Judge Court: US Court of Appeals 7 th Circuit (Location, Date): Indiana, July, 1994. Plaintiff : Billy D. Bammerlin Case Summary : Bammerlin was driving a tractor trailer truck weighting 20 tons and he struck the right rear corner of another rig at about 25 mph. The cab disintegrated, and Bammerlin wound up on the ground with serious injuries. Three explanations, Bammerlin claims #3 that: “he was belted, escaped serious injury in the cab, and was ejected and injured when he hit the ground.” This questions how the seatbelt failed. Navistar concedes that the evidence permitted the jury to reject 1 and 2, but it doesn’t support 3. Bammerlin claims that the seatbelt was improperly designed and during the accident it failed. A study of seatbelt failure should be studied in trucks as this type of design is both good
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Unformatted text preview: in some situations and bad in others. The jurys verdict was tossed, as the proper evidence was not provided. (The data on accident rates is missing.) Bammerlin suggests that an object unlatched the seatbelt, this is a freak occurrence, but it is not impossible. They use the Learned Hands formula to look at pricing to make something like this less likely, and if its cheaper to make it less likely to happen and you dont do it, then youre liable. A doctor testified that burns he had suggested that he was wearing a seatbelt. When you have eliminated the impossible, whatever remains, however improbably must be the truth. Defense : Navistar International Transportation Company Verdict : The jurys decision is reversed and remanded to the trial court. The jurys verdict is unreliable, but Bammerlin is entitled to try again. Law and Economics Notes :...
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