Perkins, et al. v. Wabash National Corp., et al.

Summary

Plaintiffs representing decedents Taron Tailor and Nicholas Perkins sue for their deaths, caused when their sedan impacted the rear of a commercial truck. While this truck possessed a rear impact guard to protect individuals in these accidents, plaintiffs claim this guard was insufficient, as it was an older two-post model that would not perform as well in underride crashes as a newer, four-post model. Plaintiffs emphasize Wabash’s lack of testing of the two-post model, claiming that the industry knew it was ineffective compared to newer models, yet did not want to upgrade, as these replacements would be expensive.

Defendant Wabash claims that the rear impact guard complied with industry standards. Additionally, Mr. Tailor’s vehicle collided with the truck at over 50 miles per hour, a speed that would have resulted in a fatal crash regardless of the type of impact guard used.

Outcome

Verdict for plaintiffs.

Total damages: $462 million.
Including $12 million in compensatory damages and $450 million in punitive damages.