Castaldi v. Land Rover North America, Inc.
On August 30, 2004. At the Land Rover Dealership in Manhattan, an employee was moving several vehicles around the showroom floor. While he was moving a 2004 Discovery II, the vehicle suddenly accelerated and struck a receptionist's desk, which then pinned her against the wall causing significant personal injury. The plaintiff claims that the brake sensing stop lamp switch (aka brake switch) permitted the vehicle transmission shift gear to be engaged and move from the Park position to Drive without the driver placing his foot on the brake pedal or with minimal brake pedal movement. The defendants contended that the driver accidentally hit the gas pedal too hard as he was moving the vehicle, causing the vehicle to hit the plaintiff's desk and that his mistake was the sole cause of this accident. Through expert testimony Land Rover was able to recreate the accident sequence and show that the design of the switch was reasonable and not the cause of the accident. The jury returned a defense verdict in less than 2 hours.
