Fatal SUV rollover award stalled as panel questions tests used in evidence

By Erik Ricasa

Published on July 22, 2005

If the higher court finds the evidence admissible, the award will be executed; if not, a new trial would be likely.

At issue are two tests offered as evidence in a suit brought against General Motors by Ann Styles after the death of her husband in the rollover crash of their Chevrolet Suburban sport utility vehicle. The suit alleges the company is liable because of design defects that made the vehicle unstable in an emergency situation.

The Suburban, driven by Ann Styles, was hit by a Buick LeSabre that crossed a median divider. The SUV spun, then rolled over several times. The roof collapsed, killing James Styles, who was in the front passenger's seat.

To demonstrate their case, the plaintiff's experts submitted two tests in which they removed the windshield from a similar SUV and gradually lowered it, upside down, onto its the roof. Then, the same vehicle was lifted and dropped on its roof from a height of six inches, according to the decision.

The defendants argued that the plaintiff did not demonstrate that the test sequence was generally accepted as reliable by legal and industry experts. The appellate panel agreed.

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