LITIGATION DEPARTMENT OF THE YEAR - Mid-Size Firm  ALM's Daily Report  

Friedman and Toman Author Amicus Curiae Brief for GDLA in Product Liability Crashworthiness Case Involving Seat Belt Statute

March 10, 2022

On March 10, 2022, Partners Jonathan (“Johnny”) R. Friedman and Gary J. Toman filed an Amicus Curiae Brief on behalf of the Georgia Defense Lawyers Association (“GDLA”) in Kristen Domingue et al. v. Ford Motor Company, No. S22Q0279, pending in the Supreme Court of Georgia. In Domingue, an automotive product liability action, the Supreme Court will answer a three-part certified question from the U.S. District Court for the Middle District of Georgia about the proper scope and application of O.C.G.A. § 40-8-76.1(d), Georgia’s Seat Belt Statute. Authored by Friedman and Toman, GDLA’s Amicus Curiae Brief was filed in support of Defendant Ford Motor Company; the Brief argues that the Supreme Court should recognize a limited judicial exception to the Seat Belt Statute to permit the admission of seatbelt nonuse evidence when the plaintiff places at issue the design and/or manufacture of a vehicle’s restraint system and argues that the system, as designed or manufactured, caused or enhanced her injuries.   

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