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Hyundai and Discovery Abuse - How Far Some Companies Go to Hide Truth

By Andy Hoffman

Today, let?s discuss how corporations abuse the legal system.  Yes, that?s right, forget all this talk about so-called ?lawsuit abuse?.  Here?s the real problem ? discovery abuse by corporations who don?t want to cough up unflattering info about their mess-ups.

It?s no secret that many car models have problems with seatbacks collapsing behind them causing terrible injuries or death.  (Take a look at the video in one of our posts about GM and Chrysler cars.)   But apparently, Hyundai wanted to keep theirs quiet.  So when a fellow named Jesse Magana of Vancouver, WA was paralyzed in a 1997 crash involving a rented Hyundai due to the ?backward collapse? of the car?s front seat, the company abused the discovery process by telling him that it knew of no other seat collapse problems?that is, until 2005 ?when under court order it finally began turning over documentation of nearly 50 seat-back complaints.?

Long story short, after a lot of legal maneuvering, the Washington State Supreme Court found for Magana due to Hyundai?s ?willful and deliberate failure? to turn over the damaging documents.

?Trial courts need not tolerate deliberate and willful discovery abuse,? said the majority opinion.  ?This result appropriately compensates the other party, punishes Hyundai, and hopefully educates and deters others so inclined.?

Full post as published by ThePopTort on November 30, 2009 (boomark / email).