In 1982, Scott Sheftall was among the first attorneys in the nation to establish the dangerous and defective rollover tendencies of the DJ-5 Postal Jeep. In other important cases, he proved to a jury the defective design of the CJ-5 Jeep, which caused it to roll over in low speed "J-turn" and "obstacle avoidance" maneuvers. These are a few examples some of the kinds of cases that present issues concerning defective design and manufacture of automobiles and automotive products. Such cases require an understanding of complex engineering principles and the financial ability to bring the most qualified experts to bear on the analysis of issues of liability and causation. Perhaps most of all, the firm undertaking products liability cases against automotive manufacturers and distributors must be ready, willing and able to persevere throughout the long and expensive fight that can be expected.
JURY VERDICT: Rollover Injuries in Cayman Islands. In Abrahantes v. Avis Rent-A-Car, Inc., 559 So. 2d 1262 (Fla. 3d DCA 1990), Scott Sheftall ultimately recovered $4.2 million for rollover injuries sustained by his Florida clients in a Jeep CJ-5 single vehicle rollover, which occurred during a vacation in the Cayman Islands. Before trial, Mr. Sheftall turned down the defendant's settlement offer of $10,000. At the trial in Miami, Mr. Sheftall proved that the vehicle was designed so that it would be dangerously unstable in ordinary driving maneuvers. The company that rented the defective vehicle appealed. The appellate court at first reversed and remanded on the basis that Caymanian law should have been applied, instead of Florida law. 517 So. 2d 25 (Fla. 3d DCA 1987). On remand, Mr. Sheftall established that Florida law and Caymanian law were substantially the same on issues of liability, causation and damages. Accordingly, the trial court ruled that no error had occurred in the trial and reinstated the judgment. Avis appealed again. This time the appellate court agreed with Mr. Sheftall and affirmed the judgment with interest. The appellate court also agreed with Mr. Sheftall's argument that the wife's award of $600,000 for loss of her injured husband's companionship and attentions should stand because it was properly decided under Florida law, and not that of the Cayman Islands, which had no interest in defeating such a recovery.
SETTLEMENT: Jeep Rollover/Wrongful Death. In the Taylor case, Scott Sheftall obtained a confidential settlement of $500,000. The decedent's CJ-5 rolled over after becoming unstable in an obstacle avoidance maneuver, killing the driver.
SETTLEMENT: Postal Delivery Vehicle Rollover. In Schoenfeld v. AM General Corp., Scott Sheftall obtained a $350,000 settlement for his client, who sustained a shoulder fracture when the DJ-5 postal delivery vehicle he was driving rolled over in a low speed, J-turn maneuver.
