[News Today] Plaintiff loses sudden acceleration case
[LEAD]
In December 2022, a suspected case of sudden unintended acceleration occurred, leaving a woman in her sixties seriously injured, and her grandson, dead. Claiming the accident was caused by a vehicle defect, the family filed a damage compensation lawsuit against the manufacturer. The first court ruling came down yesterday. It sided with the manufacturer.
[REPORT]
An SUV slams into another vehicle waiting at the intersection and then speeds away without stopping.
The driver, a woman in her sixties, was badly injured and her grandson, 12-year-old Do-hyeon, in the backseat died in the accident.
Her family claimed the accident was caused by sudden unintended acceleration and sued the SUV manufacturer for a damage compensation of over 900 million won, or around 636,000 U.S. dollars.
The court ruled against the plaintiff at the sentencing of the first trial held two years and five months later.
The court said that it was difficult to accept that the brake lights were on at the time of the accident.
The judge also said that it was more likely that the driver stepped on the accelerator instead of the brake, dismissing all the claims made by the driver's family, such as a defective electronic controlling system.
The plaintiff's family protested strongly at the ruling which didn't recognize the manufacturer's liability at all.
Lee Sang-hoon / Father of the Late Lee Do-hyeon
We'll appeal immediately and until the end so that the truth behind Do-hyeon's death is revealed and justice is served.
During the trial, the grieving family even conducted a costly reenacted driving test and audio analysis using their own funds.
They've also pushed for the legislation of the so-called 'Do-hyeon's Law' which imposes burden of proof on the manufacturer in cases suspected of sudden unintended acceleration.
Ha Jong-seon / Plaintiff's Attorney
Do-hyeon's Law must be legislated to change the reality in which defects are not recognized. Burden of proof for defects should be assumed by the manufacturer.
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