Southwest Edition Texas Oklahoma Louisiana New Mexico
28
YEARS
VOL. 28 ISSUE 4 APRIL 2010
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Texas A&M Student Ordered to Pay $22M to Victims of 2007 Fatal Crash Caused by Texting and Phoning A jury deliberating for about 2-1/2 hours after a two-day trial has decided a Texas A&M University student was texting while driving, causing a deadly wreck, and has ordered him to pay $22 million in damages to the family of the victim Megan Small, and friend Laura Gleffe who survived. Gleffe, Small’s lifelong best friend, was following behind her and was run off the road to avoid the collision, causing her car to roll. The victim, Megan Small of Houston, was a 21year old senior at Baylor University and was driving to Waco when the November 2007 accident happened near Calvert. The investigation indicated a vehicle driven by Reed Vestal crossed the center line and struck Small’s vehicle head-on near Calvert. Hunter Craft, a lawyer for Small’s family, said he was surprised by the verdict, but praised the jury for its decision. Craft
said Vestal declared bankruptcy prior to the trial, and won’t have to pay any of the damages. Vestal’s insurance company will be responsible for some of the award. Vestal initially denied having a phone when the wreck occurred, but phone records indicated that he had sent and received 15 text messages and made seven phone calls in the 45 minutes before the wreck, Craft said. “This case isn’t about money,” Craft said of the Nov. 25, 2007 wreck. “This case is about sending a message to everybody and protecting people in the future, and in order for them to be able to accomplish that, we told [the jury] they were going to have to make a significant award.” “I think the jury understands it is a growing problem,” he said. “[Vestal] tried to say he didn’t know any better, and he didn’t know it was dangerous.” It may be a record award in Robertson County.
CONTENT HIGHLIGHTS
Supporters of Access to Repair Parts Act Testify in Favor of Exception to Design Patent Law Favored by Automakers The aftermarket industry showed up in force in front of the U.S. House of Representatives Judiciary Committee March 22. The committee heard from consumer and industry advocates on why the “Access to Repair Parts Act” (H.R. 3059/S.1368)—legislation that would create a narrow exception in the U.S. design patent law for purposes of repair—would guarantee access to affordable alternative replacement parts and curb car companies’ attempts to monopolize the marketplace. The Quality Parts Coalition (QPC), founded by the aftermarket manufacturers and insurers, and claims to represent consumers, seniors, insurers, parts manufacturers and distributors and repairers, urged Congress to swiftly enact the “Access to Repair Parts Act.” QPC argued that Americans are likely unaware of the “looming threat that could
send the costs of car repair and insurance premiums soaring: a car company parts monopoly.” They cite the history of more than 60 years of alternative parts to repair their vehicles instead of more expensive OEM parts. Alternatives are as much as 26–50 percent less than OEM equivalents. This translates into an estimated $1.5 billion in savings, primarily for insurers, the OEMs argue. Auto companies have secured an increasing number of design patents on crash parts for cars (bumpers, fenders, hoods). When enforced, the patents give car companies control of the market for those parts. LKQ, for example, had to settle with Ford to provide crash parts for the F-150 last year. Insurers argue that this loss of competition will drive up the cost of insurance premiums by as much as $3 billion. See SUPPORTERS TESTIFY, Page 9
• Parts for Profit—How Big Parts Departments Operate • Large Texas Body Shop Uses Scan Tools for Diagnostic Profits • Texas Congressman Wants Black Boxes in All Vehicles • Oklahoma Moves Towards Texting-While-Driving Ban • TIAA Alamo Chapter Meeting Covers Credit, Security, Benefits
Texas-based Col-Met Spray Booths ‘Refuses the Recession’
Sherwin-Williams’ Express Scratch Repair—A New Profit Center
3M’s New Dirt Trap System for Keeping Booths Clean and Productive
Is Waterborne the Only Solution to Low-VOC Requirements?
PPG’s Green Belt Program Improves Profit at Atlanta’s Largest Shop
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