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-Ofelia P., Former Client
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-Michael G., Former Client


-Veronica A., Former Client

"Thank you very much for all the work that you did on our behalf. I really appreciate everything that you all did, as well as your professionalism and the timely manner in which you got things done.

Also, please give our thanks to your staff who were so helpful when we had questions! If we have need of your services or if we know anyone else who does anytime in the future, we will certainly give you a call! Thank you again for everything."

-Lynda P., Former Client

"A little over two years ago I received a telephone call that all parents dread to hear. The person on the other line simply said, “Your daughter has been in an accident”. Well here I was 1500 miles away from her , trying to absorb the rest of the conversation, trying to stay focused enough to get the details. Shortly after I arrived in Texas my lovely daughter of 38 years passed away from injuries sustained from a motorcycle accident.

I won’t continue this story, however what I will say is, when things calmed down a little, I knew I must become a voice for my daughter. Though a chain of events our family was introduced to the Ammons Law Firm of Houston, Texas.

From the first initial contact with Mr. Robert Ammons and his staff, I hung up the telephone feeling as if I and my family were in good hands. We had constant contact from Ohio to Texas via the telephone and the computer for two years. The staff made all the arrangements anytime I had to fly to Texas and made sure I had comfortable accommodations while I was there.

My family and I were kept abreast of the progress for our case on a regular basis. Anytime I had any questions, the staff was polite, informative, and punctual with the answers.

I am very satisfied with the level of concern and commitment Mr. Ammons and his staff displayed from the beginning to the conclusion of our association.

I would highly recommend this law firm to anyone who might be seeking one.

Thank You Mr. Ammons and your staff."


-Sandra T., Former Client

"I would like to thank you and your staff for all that you have done for us. When we started talking to you, we started to feel confident that it would be handled with understanding and care. You and your staff showed us the utmost courtesy and kindness, even when I broke down in the bathroom. I would like to thank you again for your understanding, caring and the swiftness that you handled this matter."

-Bobby and Jody H., Former Client

"The tragic events of a car accident left my wife paralyzed and diagnosed as a quadriplegic for the rest of her life. In my mind, I had settled in for a long hard road that only God was going to get us through. My wife suggested we obtain law counsel, but I refused, having engaged with lawyers in the past that left a bad taste in my mouth. After about a month, I relented and got in contact with the Ammon’s Law Firm. From day one, the Firm has been professional and courteous; from the administrative person that answers the phone, to the lawyers working the case, everyone is at the top of their game – they are the best!"

-Clarence J., Former Client

"I felt that Ammons and Midlo did a really great job - especially Mr. Ammons. He was the BEST to my eyes! He was very convincing and lead the trial - no doubt! It was very easy to follow his reasoning. I never knew if it was the right amount....Anything less, I felt, would have been a slap in the face. The family deserved it.

This was my first case to be on a jury. I really connected to the attorneys and the family."

-Alondra T., Jury member

 
"Rob believed in my case and my family from the start and was by my side until the very end. I appreciate all the effort and hard work Rob put in during my trial. Rob was a passionate advocate for my children and me. I felt secure knowing he was representing me, and I was definitely glad he was on my side!

Bennett cares for the well being of my children and me, and is truly sincere. During the two years of my lawsuit and throughout the trial, Bennett was there to answer any questions or concerns I had. I am grateful for all of his hard work, advice, and support.

The Ammons Law Firm believed in my late husband and what I was fighting for. They brought out the truth, and brought justice to his name. The friendships that were made with the attorneys of the Ammons Law Firm will be life long. I could not have done this without them."

-Candee P., Former client


"I was totally happy with Rob Ammons and the lawyers at the Ammons Law Firm.  Rob Ammons went the extra mile.  I am beside myself.  I feel so good with the settlement they obtained."


-Christopher R., Former Client



"Thank you for everything, this [incident] has been the worst thing that can ever happen to anyone.  But thank God we have a great support system.  Again thank you sooo much from the bottom of our hearts."
 

-Monica S., Former Client



"I was truly amazed by Ammons' and Midlo's presentation and their knowledge of the case.  They were well prepared and had everything they needed to present the case.  They had great exhibits.  It was very easy to follow their reasoning.  I really enjoyed my experience on the jury."

-Teressa H., Jury member


 
AV rated lawyer Rob Ammons
AV rated lawyer Rob Ammons
Super Lawyers Rated Rawyer Rob Ammons
2003-2011 

A fitting remedy for upfitted trucks

by Robert Ammons and Bennett Midlo

One January day in 2004, two women were in a car traveling down a country road following a large truck that had a lift bucket attached to it. The words “Acme Utility Co.” appeared in large black letters on its side.

The three men inside the truck had no way to anticipate the tragedy that was about to happen. The women later would testify they saw a pickup truck approaching from the opposite direction. The pickup hit the Acme Utility truck nearly head-on; the Acme truck then flipped on its side, came to rest in a ditch, and caught fire. Two of the men died. The other survived with extensive burns.1

Most trucks rolling off the assembly lines at vehicle manufacturing plants are products ready for sale. They go from factory to consumers or businesses with few, if any, modifications beyond the addition of gasoline and license plates.

In other cases, however, the end of the assembly line is an intermediate step in the process. These “incomplete vehicles” may leave the factory with what to the casual observer appears to be little more than an engine, a chassis, and a passenger cab. They later become service-oriented vehicles like ambulances and utility, cable TV, or tree-trimming trucks.

Finishing them is the job of what the automotive industry calls an “upfitter.” These businesses may add to the chassis a box structure that becomes the core of the finished vehicle, and perhaps some specialty equipment.

In the case of the Acme Utility truck, the upfitter had added an aerial lift with a bucket, designed to allow workers access to utility lines many feet above the ground; an outrigger assembly with footpads on each side of the truck, designed to provide additional stability when the lift was extended, changing the truck’s center of gravity; and storage box assemblies, designed to hold equipment for utility line maintenance and service.

When they were done, workers for the upfitter placed a placard on the completed truck that said:

Conformity of the chassis-cab to U.S.A. federal motor vehicle safety standards, which have been previously fully certified by the incomplete vehicle manufacturer or by the intermediate vehicle manufacturer, has not been affected by the final-stage manufacturer. The vehicle has been completed in accordance with prior manufacturer’s instructions, where applicable. This vehicle conforms to all other applicable U.S.A. federal motor vehicle safety standards in effect in the third month of 2000. [Emphasis added.]

In other words, the upfitter deemed it a safe truck. The upfitting company knew—and, according to its own statement, followed—the safety standards that applied.

The placard looked and sounded authoritative, but it wasn’t true. A postcrash investigation would show that the outrigger mounted on the driver’s side of the truck—placed there, ironically, as a safety feature—and part of the mounting hardware for the aerial lift pierced the truck’s gas tank mounted below the driver’s door. This fueled the fire that killed two men and maimed another.

No statistics show how many upfitted trucks are on the road today or how many upfitting companies are in business. And no U.S. government oversight is directed specifically at the upfitter industry, beyond requirements that upfitters follow the federal motor vehicle safety standards. In contrast, Canadian law requires upfitters to register with the government agency that oversees transportation, and mandates that upfitters keep records and perform analysis and testing to show they comply with Canadian safety standards.2

In the Acme Utility case—which we handled on behalf of the family of one of the men who died in the crash —all we knew at the outset was that the upfitter charged Acme Utility about $38,000 when it delivered the completed truck. Eventually, we learned much more about the unsafe practices of the upfitter industry—enough to convince the defendants in our case to settle before trial.

Nevertheless, in early 2007, the Web site maintained by the Acme Utility truck’s upfitter indicated it was still selling the same model of truck with the same outrigger and aerial lift configuration that led to the postcollision, fuel-fed fire in our case. Given this and the lack of adequate safety regulation of the industry, plaintiff lawyers can expect to be called on to represent clients who have suffered significant loss as a result of a crash involving an upfitted truck. Strategies we followed in bringing the Acme Utility case to a successful conclusion show there is a way to extract justice for these clients.


What and who?

In any case like this, much of the important evidence will come from the accident scene. Inspection of the wreckage is the first step.

In our case, it was clear from the wreckage that the force of impact drove the Acme Utility truck’s gas tank into the outrigger footpad. The footpad—a thick piece of steel with square, rather than rounded, edges—was located just inches behind the tank and was oriented in a horizontal, rather than vertical, position. On impact, it sliced into the tank, creating an opening about nine inches long and three-quarters of an inch wide. This allowed gasoline to escape and feed the fire. That fact came to light as our expert in fire investigation examined the scene.

Further investigation determined that the mounting device used to attach the truck’s aerial lift to the chassis had contributed to the postcrash fire. The impact that pushed the gas tank backward also drove it into the sharp edges of the mounting device, further compromising the tank’s integrity.

Many attorneys looking at the accident scene in our case might have been inclined to name as defendants only the original vehicle manufacturer and the utility company that employed the men in the truck. But in a case involving an upfitted truck, you should also consider naming the company that added components to the vehicle.

Questions to ask include these: Did the upfitter follow the applicable federal motor vehicle safety standards? Did it add anything that created a potential hazard for those using and driving the truck, or change the weight or stability of the vehicle significantly? Did its alterations shift the truck from one vehicle class (as defined by the U.S. Department of Transportation) to another, making it and the manufacturer subject to a different portion of the regulatory code?

Consider naming the companies that made the component parts the upfitter used. Does that equipment conform to safety standards, or does its design—and how the design interacts with the vehicle—create a safety hazard? In our case, we named the company that made the aerial lift and bucket device (and designed the mounting system) and those that made other specialty equipment installed on the vehicle.


When and how?

In pursuing the paper trail, first seek any design drawings for the completed vehicle. The truck upfitter is likely to have these, and they will provide a detailed layout of what work the upfitter performed and what components it added.

The drawings will also give specific measurements for the locations of the added components. These documents are critical to understanding and reconstructing the accident, as some evidence may have been destroyed by fire, collision damage, or rescue personnel and police and fire investigators.

Each of the components designed by another company—in our case, this was chiefly the manufacturer of the aerial lift device—also will have its own set of designs and drawings. It’s important to obtain these, as they are likely to include information on how and where to affix a component part to a vehicle.

Vehicle manufacturers provide upfitters with manuals that explain what they can and cannot do to a vehicle within the guidelines of the federal motor vehicle safety standards. Sometimes referred to as “body builders’ books” or “best-practices manuals,” the manuals articulate how a vehicle is to be modified and include a rundown of the vehicle’s component parts, such as fuel and exhaust systems. To some in the industry, a best-practices manual is considered “the single most important document” an upfitter can use in determining compliance with federal safety rules.3

Some vehicle manufacturers maintain a fair amount of upfitter information—including best-practices manuals—in electronic form on their company Web sites.4 Some provide toll-free numbers so upfitters can call to ask an engineer specific questions about design modifications and their safety implications.


Why or why not?

In our case, the upfitter displayed not just a lack of attention to detail with regard to safety but almost open disdain for anything safety-related. In deposition testimony, one company official said he had given no thought to the people who eventually would ride in the trucks, did not care about their safety, and didn’t care why the truck in our case had caught fire.

While such an admission under oath is astounding, this may be less an example of one official’s arrogance and more an indication of an industry mind-set, one that believes, “Someone else made it; we’re just adding on to it.” Plaintiff lawyers should look for such an attitude in defense witnesses and be ready to take advantage of it.

In more concrete terms, ask the upfitter’s representatives the following questions about safety:

•  Are there any upfitter employees assigned to safety? How many? What are their specific tasks or job descriptions? Are they engineers, or do they have training in safety analysis?
•  Can the company show expenses indicating it consulted with or hired an engineer, consultant, or safety specialist to assist in hazard identification?
•  Has the company performed any type of hazard analysis, including a failure-modes-and-effects analysis?
•  Has the company performed any crash tests on its completed vehicles? Are there reports from such tests, with accompanying videotape recordings or photographs?
•  Has the company ever used one of the toll-free hotlines maintained by a vehicle manufacturer to speak to a representative about safety issues?
•  Did the company take any action based on such a call?
•  Has the company had any interaction with component-part manufacturers regarding how and where to place their products on vehicles?
•  Are there any alternative designs available that might have made the vehicle safer?

Companies that modify vans and trucks while maintaining or even improving safety features can provide examples of how to do such work properly. For example, Roadtrek modifies vans for use as motor homes. According to its Web site, on a voluntary basis, Roadtrek performs dynamic rollover, roof-crush-resistance, and side-crush-resistance testing.

In this last category, Roadtrek analyzed a van’s wall from which it had removed several of the manufacturer’s steel wall studs and instead supported the wall with its own wooden cabinetry. It found the resulting vehicle was stronger than the original.5 You could compare such practices to those of the upfitter in your case, or use the information to guide your questioning of workers to see if they did similar things.

Of course, as in many other types of products cases involving multiple defendants, each defendant will point to one or all of the others as the culprit. But the “we’re-not-a-manufacturer” defense is unique to upfitter cases. None of the defendants wants to be viewed as the party that placed the vehicle into the stream of commerce, subjecting itself to products liability exposure.

In our case, each party could claim it was devoid of liability because it had not—in its view—completed the work. The vehicle manufacturer’s defense was based on the fact that it hadn’t outfitted the truck with the outriggers or aerial lift and did not know where those components would be located on the vehicle in our case. Similarly, the aerial lift manufacturer said it had made only a component part and alleged it was the upfitter’s role to appropriately place and orient the lift and other added components on the chassis.

Most interesting was the strategy of the upfitter, which tried to deny it was a manufacturer at all and claimed it only had “assembled” the parts into the final vehicle. Countering this was simple: We needed only to point to the placard that the upfitter had placed on the finished truck, on which it called itself the “final-stage manufacturer.” That—plus the company Web site, which contained language saying it was a manufacturer—defeated the argument. Today, the word “manufacturer” appears nowhere on the company’s Web site.

Most upfitters seem to place placards on their work, so it pays to observe the wording. Many may take the typical defense reaction of trying to blame someone else by recasting their role in the truck’s outfitting. Like so many products liability cases, this one arose out of an incident that didn’t have to happen. Even a small amount of concern about safety, and engineering or design modifications rooted in safety, might have saved the lives of two men and kept a third from life-changing burns.

For lawyers who represent injured people, the lessons learned here may indeed have value, although with luck—not to mention an industry-wide focus on safety—we will not need to draw on them.

Robert Ammons is the founder of the Ammons Law Firm in Houston. Bennett Midlo is a partner in the firm.

Notes
1.       These facts are based on an actual case. Due to settlement confidentiality restrictions, all party names have been changed.
2.       Trailer/Body Builders, CTEA Tackles Industry Issues, http://trailerbodybuilders.com/mag/trucks_ctea_tackles_industry (Jan. 1, 2007).
3.       Louie Kleinstiver, Natl. Truck Equip. Assn., The Incomplete Vehicle Document, www.ntea.com/tr/techtalk_detail.asp?DOC_ID=101180 (Sept. 9, 2003).
4.       See e.g. GM Upfitter Integration, www.gmupfitter.com/index.htm.
5.       Roadtrek Co., Our Commitment to Safety, www.roadtrek.com/safetyfeatures.aspx.

Rob Ammons is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, in addition to being Board Certified in Civil Law by the National Board of Trial Advocacy.  Rob Ammons’ law practice, The Ammons Law Firm, is located in Houston, Texas.  The Ammons Law Firm practice is exclusively personal injury law, handling such cases as: tire defects , oil rig explosions , truck accidents , plant explosions, refinery accidents, wrongful death , post-collision fires , seat belt defects, airbag defects , SUV rollovers and workplace accident injury. 

If you or a loved one has been injured due to the negligence of others, call or click here to contact the personal injury attorneys at The Ammons Law Firm today for a free consultation. 

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