Day: August 9, 2022

BMW is Recalling Certain 2022 X3 xDrive30i Vehicles

NHTSA Campaign Number: 22V513000

Manufacturer BMW of North America, LLC

Components FUEL SYSTEM, GASOLINE

Potential Number of Units Affected 2

Summary

BMW of North America, LLC (BMW) is recalling certain 2022 X3 xDrive30i vehicles. The high-pressure fuel rail may crack and result in a fuel leak within the engine compartment.

Remedy

Dealers will replace the high-pressure fuel rail, free of charge. Owner notification letters are expected to be mailed September 12, 2022. Owners may contact BMW customer service at 1-800-525-7417.

Notes

Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.nhtsa.gov

Mercedes-Benz is Recalling Certain 2021-2023 AMG GT43, E450 Cabriolet, E450 Wagon, E450 Coupe, 2019-2023 AMG E53, E53 Coupe, E53 Cabriolet, AMG GT53, CLS450, and 2019-2021 AMG CLS53 Vehicles

NHTSA Campaign Number: 22V533000

Manufacturer Mercedes-Benz USA, LLC

Components ELECTRICAL SYSTEM

Potential Number of Units Affected 27,330

Summary

Mercedes-Benz USA, LLC (MBUSA) is recalling certain 2021-2023 AMG GT43, E450 Cabriolet, E450 Wagon, E450 Coupe, 2019-2023 AMG E53, E53 Coupe, E53 Cabriolet, AMG GT53, CLS450, and 2019-2021 AMG CLS53 vehicles. The transmission wiring harness may be misrouted, which can expose the electrical connector to corrosion, and result in an electrical short-circuit.

Remedy

Dealers will inspect and repair the electrical connector, as necessary. Dealers will also reroute the harness and install an additional bracket. All repairs will be performed free of charge. Owner notification letters are expected to be mailed September 20, 2022. Owners may contact MBUSA customer service at 1-800-367-6372.

Notes

Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.nhtsa.gov.

Spartan Fire is Recalling Certain 2020-2021 Gladiator and MetroStar Fire Trucks

NHTSA Campaign Number: 22V539000

Manufacturer Spartan Fire, LLC

Components ELECTRICAL SYSTEM

Potential Number of Units Affected 8

Summary

Spartan Fire, LLC (Spartan Fire) is recalling certain 2020-2021 Gladiator and MetroStar fire trucks. There may be a loose neutral screw connection within the QO Plug-On Neutral Load Center. If that connection is loose, the affected load center can overheat.

Remedy

Dealers will inspect, and if necessary replace or repair the neutral screw connection, free of charge. Owner notification letters are expected to be mailed on August 29, 2022. Owners may contact Spartan Fire’s customer service at 1-517-543-6400. Spartan Fire’s number for this recall is 22003.

Notes

Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.nhtsa.gov

Retail Safety Evaluation of a Watermelon Display

Basic Fact Pattern
  • Trip and fall event in a big box store, involving a watermelon display
  • Multi-million dollar claim following a similar case resulting in a previous $7.5MM verdict against the Defendant one year earlier.
  • Exact fall mechanism was unclear and video surveillance did not capture a good angle of the incident.
  • Same Plaintiff’s attorney as the previous case, but with a different safety expert.
Investigative Actions Taken
  • Deposition testimony and other available documentation was reviewed.
  • Opposing retail safety and biomechanical expert reports were reviewed.
  • Cross examination questions were developed for unqualified opposing safety expert.
  • Research study cited by opposing safety expert was fully reviewed, as well as other research by the same individual, which was not addressed by the opposing expert.
  • Safety policies and procedures were compared to national consensus-based voluntary safety standards.
  • The use of the watermelon display at the time of the incident was compared to the manufacturer’s recommendations for the use of the display, the grocery industry recommendations for the use of the display, and the merchandising use of the same display throughout 15 different retail chains.
  • A key piece of evidence in the previous case was also re-reviewed.
Determinations Made
  • The key piece of evidence in the previous case was falsely presented by the previous expert.
  • The watermelon display, as utilized at the time of the incident, was consistent with industry standards, safety standards, and merchandising in service at competing retail chains.
  • The research cited by the opposing expert did not present the conclusions alleged by the opposing expert report.
  • The alternative merchandising suggested by the opposing expert for this case would have defeated several of the safety features already built into the display, rendering the display less safe, rather than more safe.
Involved Experts: 
  • Benjamin Irwin, P.E., DFE
  • Travis Wells, P.E.