All Parties Settle Lawsuit Involving Airbag Fatalities

Photo of Huma Hanif displayed during a press conference, Wednesday, April 27, 2016, in Houston, to announce that attorneys for the parents of 17-year old Huma Hanif who was killed on March 31, 2016, by the defective airbag system in her 2002 Honda Civic have filed suit in Harris County against TK Holdings, Inc., American Honda Motor Co., Inc., and the dealership that sold the vehicle for the defective design, marketing, manufacturing, testing, and distribution of the vehicle and its accompanying airbag system. Hanif was involved in a motor vehicle accident, March 31, 2016, in Fort Bend County. Upon impact, the ammonium nitrate in the airbag detonated, causing the inflator to fragment and metal shrapnel to be forced through the airbag. The metal fragments struck Huma in the neck, killing her.
The parents of 17-year-old Huma Hanif, who filed a lawsuit in April after their daughter’s death from a malfunctioning airbag subject to a historic recall, have settled with all parties.The Fort Bend County teen was the second person in the Houston area and the 10th nationwide to be killed by an airbag in a car crash. The family’s product liability case filed in Harris County focused on the use of the explosive, ammonium nitrate, which is used in the airbag inflators. Defendants in the lawsuit included Japanese airbag maker Takata Corp., American Honda Motor Co. and a local car dealer, Westside Hummer.

Hanif, who was driving a 2002 Honda Civic, rear-ended another vehicle that was legally stopped March 31 along FM 762 in central Fort Bend County southeast of Richmond. When her airbag deployed, a metal shard inside struck the young woman’s neck. She died at the scene.

A joint order of dismissal was signed by Harris County Civil Judge Dan Hinde on Monday.

“The case is resolved, and there has been a confidential settlement,” said Mo Aziz, one of several Houston lawyers representing the Hanif family.

He said he could not offer details of the settlement or reveal the amount.

Aziz added that the teen’s relatives felt relief from resolving the legal action.

“One of the factors that they also considered in agreeing to the settlement was the closure aspect of it and not living through the horror of that day by going through depositions and maybe a trial,” he said.

Record recall

The Takata inflator crisis – which will include nearly 70 million devices under recall by 2019 – is the largest and most complex safety recall in U.S. history, according to the National Highway Traffic Safety Administration.

Ammonium nitrate deteriorates after prolonged exposure to airborne moisture and high temperatures.

More than 150 people have been hurt by the inflators, which can explode with enough force to blow apart a metal canister and send sharp pieces into drivers and passengers.

There have been at least 11 deaths in the United States – the latest in a Sept. 30 crash, according to NHTSA.

The Hanif lawsuit’s defendants were TK Holdings, the U.S. arm of airbag manufacturer Takata; American Honda Motor Co.; Westside Hummer, the Houston dealership that sold the used car; Nazari Group, which runs a Discount Lube and Tune that provided repairs to the vehicle; and the Richmond woman with whom Hanif collided in the wreck.

Aziz added that an early deal was sought, in part, because of fears the airbag maker might file for bankruptcy.

“There was also a concern on my part about Takata’s financial condition and how a bankruptcy could affect the case and even the settlement until it was finalized,” he said.

Huma Hanif lived in Richmond and was scheduled to graduate in May from George Ranch High School in the Lamar Consolidated Independent School District. The wreck happened about 2 ½ miles from the campus. The teen intended to follow in the footsteps of her older sister and pursue a career in nursing.

Similar lawsuit

Last week, Aziz sued Takata on behalf of Serena Martinez, a Cinco Ranch resident who was injured by an airbag in September when her 2002 Honda Accord was struck on the front passenger side. The lawsuit alleges the ammonium nitrate-fired device sent heated shrapnel into the woman’s chest and arms.

Aziz said the Hanif settlement has “no overlap” with the Martinez case, though the legal theories about the dangers of ammonium nitrate are the same.

In a news release issued in May, Takata chairman and CEO Shigehisa Takada said his company is cooperating fully with the U.S. recalls.

“We will continue to dedicate significant resources to maximize recall completion rates, including through our ‘Get the Word Out’ campaign and by working closely with NHTSA and our automaker customers on new and innovative solutions to reach consumers,” he said. “Takata is committed to supporting all actions that advance vehicle safety.”

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Source: www.houstonchronicle.com www.houstonchronicle.com

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