Plaintiff alleged that a vehicle accelerated out of control while approaching her from the rear, colliding with her vehicle and sending it across an intersection. She sustained three herniated disks in the accident, two in her neck and one in her lower back.
The driver of the vehicle in question alleged that the vehicle had accelerated on its own, reaching 250 RPM immediately prior to the collision. The vehicle had been purchased by two separate owners and had its transmission repaired five times prior to the accident. The transmission was replaced after the collision.
The defendant automobile manufacturer contended that the vehicle was not defective and did not accelerate on its own, asserting that the driver had applied the accelerator instead of the brake and that he alone caused the collision.
Plaintiff sought $350,000. The jury returned a verdict for the defendant automobile manufacturer and dealership.