Tyler

By CASEY KNAUPP
Staff Writer

A 63-year-old Tyler woman who sued Nissan after she was seriously injured in a 2006 car accident has been awarded $2.19 million by a federal jury.

Rebecca Perdue filed a lawsuit against Nissan Motor Co., LTD, claiming her 1995 Nissan Pathfinder failed to protect her during a Nov. 28, 2006 collision in Tyler. A seven-person Marshall jury in U.S. District Judge Leonard Davis' court returned its verdict Friday, finding Nissan was responsible for her injuries, according to a press release issued Monday by the plaintiff's attorney Todd Tracy, of Dallas.

Mrs. Perdue's husband, Bobby Perdue, and their daughter, Robyn Perdue, were also named as plaintiffs in the lawsuit.

In accordance with the jury's verdict, the judge issued a final judgment, which states there was a design defect to the structure of the Pathfinder at the time it left the possession of Nissan, which was a "producing cause" of her injuries. The court also found there was no negligence by two others involved in the collision that caused or contributed to her injuries.

Mrs. Perdue was traveling on University Boulevard when she was struck by a vehicle, which had previously collided with another car, the lawsuit states. Mrs. Perdue was wearing her seatbelt but claims the Pathfinder was "not reasonably crashworthy and was not reasonably fit for unintended, but clearly foreseeable, accidents," the lawsuit states.

The vehicle hit the left front corner of Ms. Perdue's Pathfinder and caused the left front tire to drive back through the firewall and destroy "the footwell, floorpan and toeboard survival space." Mrs. Perdue suffered fractures to her right tibia, fibula and both ankles and has had $130,000 in medical expenses, her attorneys said.

"Mrs. Perdue will never walk normally again, but fights through the pain of each step she takes," they said, adding she still has screws, plates and rods in her leg and ankles.

The plaintiffs alleged the design of the 1987-1995 Nissan Pathfinder was defective for not being able to protect the lower legs and Nissan failed to conduct any crash testing or engineering analysis to evaluate the risks, hazards and dangers associated with it.

Nissan denied the vehicle was defective or unreasonably dangerous in any respect, denied the alleged defects caused the plaintiff's injuries and denied it was liable. Nissan also denied that the plaintiffs were entitled to any damages.

The defendant claimed the crash and Mrs. Perdue's injuries were the result of negligent acts and/or omissions of others beyond Nissan's control, indicating it was the fault of two others involved in the 2006 collision with Mrs. Perdue. The Pathfinder met or exceeded all applicable Federal Motor Vehicle Safety Standards, according to Nissan's answer to the complaint.

The court's order found Mrs. Perdue was entitled to damages of $1.5 million for past and future pain and mental anguish, $200,000 for past and future disfigurement, $150,000 for past and future physical impairment and $197,000 in past medical expenses. The court also found that Bobby Perdue was entitled to $150,000 for past and future loss of companionship and society, the final judgment states.

The plaintiffs were represented by Tracy and Melissa Richards Smith, of Marshall, and Nissan was represented by Dallas attorneys Jeffrey S. Patterson and Giovanna Tarantino.