Trial Magazine

Renee Dubin, 88, drove a 1964 Chrysler New Yorker, which she had serviced at M&M Motors International on multiple occasions. Before taking a 45-mile trip, she asked an M&M mechanic whether her car was safe to drive. The mechanic, who was returning Dubin’s vehicle after it underwent a tire repair, allegedly told her that the car was safe.

As she traveled along an interstate highway the next day, Dubin lost control of her car after the brakes failed. This caused her to collide with another vehicle and crash into a guardrail. She suffered a closed head injury, fractured left arm, left hip contusion, and fractured ribs. She required treatment at a rehabilitation facility and physical therapy. Her medical expenses totaled approximately $108,000.

Dubin sued M&M Motors, alleging it failed to check or service the brakes on her vehicle during the 10 service visits it performed in the 15 months before the incident. The plaintiff asserted that the car’s brake fluid reservoir was empty and the brake pads were totally worn at the time of the crash. Additionally, suit alleged that the defendant failed to warn Dubin of the brakes’ dangerous and defective condition.

The defendant argued that it had properly serviced the vehicle.

The parties settled before trial for $335,000.

Citation: Dubin v. M&M Motors Int’l LLC, No. CV186086695S (Conn. Jud. Dist. of Hartford Sept. 13, 2018).

Plaintiff counsel: AAJ member Bruce E. Newman, Bristol, Conn. Plaintiff expert: Luka Serdar Jr., mechanics, Cambridge, Mass.