Woman Cleared in Death Caused by Faulty G.M. Switch

[ElNono]

Woman Cleared in Death Linked to G.M.’s Faulty Ignition Switch

Ten years since her boyfriend’s death in a defective Saturn Ion, a Texas woman has been cleared of the criminal record she had carried as a result of it.

Candice Anderson was held responsible for the death of Gene Mikale Erickson, 25, when he was killed on Nov. 15, 2004, riding as a front-seat passenger in her beige Ion. Ms. Anderson crashed the car into a tree on a bright afternoon while driving along a country road in Ben Wheeler, Tex.

In May, The New York Times reported that General Motors considered Mr. Erickson a victim of its faulty ignition switch, which has led to the recall of 2.6 million cars, including the Ion, this year and engulfed the automaker in the gravest safety crisis in its history. The defect, which can cause a loss of power, disabling power brakes, power steering and airbags, has been linked to at least 35 deaths.

On Monday, 10 years and nine days since the accident, a judge in Van Zandt County, Tex., overturned Ms. Anderson’s guilty plea and cleared her record. Ms. Anderson’s parents and Mr. Erickson’s mother were in the courtroom, the same one in which Ms. Anderson had been indicted by a grand jury years earlier.

http://www.nytimes.com/2014/11/25/business/woman-cleared-in-death-caused-by-gms-faulty-ignition-switch.html

[boutons_deux]

amazing story. Hope she gets a few $M

[CosmicCowboy]

from who? Her lawyer that advised her to plead guilty?

[boutons_deux]

from who? Her lawyer that advised her to plead guilty?

From GM.

Lawyers suck

[Blake]

I bet Wayne Wright is knocking at her front door as we speak.

[CosmicCowboy]

This case interested me because I have never heard of anyone being charged with negligent homicide from a true accident where racing, drugs, or alcohol weren't involved. Turns out with a little more research they were both whacked out on illegal (not prescribed to them) prescription drugs and when the first person on the scene of the accident wanted to call 911 Ms. Anderson begged him not to because "she didn't want to go to jail".

Not saying the switch didn't cause the accident but there is absolutely no evidence it did, either.

[SnakeBoy]

They are starting to prosecute people for simple accidents. Hell I even recall a woman and her kid were hit by a car, the kid was killed, and they went after the mom because they weren't crossing at a crosswalk.

[Shastafarian]

Not saying the switch didn't cause the accident but there is absolutely no evidence it did, either.


In May 2007, five months before Ms. Anderson entered her guilty plea, G.M. had conducted an internal review of the crash and quietly ruled its car was to blame, but never let Ms. Anderson or local law enforcement officials know.


A G.M. engineer had found just a month earlier that power to the vehicle had most likely shut off.

[ElNono]

This case interested me because I have never heard of anyone being charged with negligent homicide from a true accident where racing, drugs, or alcohol weren't involved. Turns out with a little more research they were both whacked out on illegal (not prescribed to them) prescription drugs and when the first person on the scene of the accident wanted to call 911 Ms. Anderson begged him not to because "she didn't want to go to jail".

Not saying the switch didn't cause the accident but there is absolutely no evidence it did, either.

uh, you didn't read the article?

[CosmicCowboy]

uh, you didn't read the article?

The article NEVER said the blood test indicated she was stoned. It said the officer thought she was stoned before he got the blood test back. apparently Ms. Erickson thought she was stoned too since she didn't want the police called.

Didn't you read the article?

[ElNono]

The article NEVER said the blood test indicated she was stoned. It said the officer thought she was stoned before he got the blood test back. apparently Ms. Erickson thought she was stoned too since she didn't want the police called.

Didn't you read the article?

Actually, I don't know if the article was edited since I posted it, but I remember it stating blood tests found small traces of Xanax.

But your claim that there's no evidence the switch caused the crash flies in the face of the quote Shastafarian posted above from the article and the actual ruling and clearing of her record.

[CosmicCowboy]

BTW, El Nono. I'm not defending GM.

[ElNono]

BTW, El Nono. I'm not defending GM.

No, I know. I honestly thought you missed that quote.

BTW, same story here with the Xanax part still intact.
http://money.cnn.com/2014/10/10/news/gm-candice-anderson/

[CosmicCowboy]

Find a statement where GM admitted fault.

good luck.

[ElNono]

Find a statement where GM admitted fault.

good luck.

The automaker’s public acknowledgment linking Ms. Anderson’s crash to the defective ignition switch came in a letter from G.M.’s lawyers that was submitted by her lawyers to the district judge in Van Zandt County, Tex.

Should be in the case file.

[ElNono]

Quote from the letter:

"First, the 2004 Saturn Ion driven by Ms. Anderson on the date of the accident was a vehicle that would have been subject to the Ignition Switch Recall issued by New GM in February 2014," Godfrey wrote. "Second, New GM confirms that New GM has determined that the crash involving Ms. Anderson is one in which the recall condition may have caused or contributed to the frontal air bag non-deployment in the accident."

[CosmicCowboy]

Quote from the letter:

"First, the 2004 Saturn Ion driven by Ms. Anderson on the date of the accident was a vehicle that would have been subject to the Ignition Switch Recall issued by New GM in February 2014," Godfrey wrote. "Second, New GM confirms that New GM has determined that the crash involving Ms. Anderson is one in which the recall condition may have caused or contributed to the frontal air bag non-deployment in the accident."

"may" is not an admission of fault or responsibility.

Also note the calculated distinction between "old" GM that was possibly responsible and "new" GM that didn't manufacture the vehicle in question.

[ElNono]

Well, it went from "we don't know anything about it" to "maybe it was our switch"... as this case shows, the difference is pretty fucking huge.

[CosmicCowboy]

Well, it went from "we don't know anything about it" to "maybe it was our switch"... as this case shows, the difference is pretty fucking huge.

Like I said, I'm not defending GM. I just hate it when these so called "reporters" twist statements and omit facts to give a totally distorted version of the real story..

[ElNono]

Like I said, I'm not defending GM. I just hate it when these so called "reporters" twist statements and omit facts to give a totally distorted version of the real story..

Not sure what you mean...

[CosmicCowboy]

Not sure what you mean...

Well, the boo-hoo story you originally posted conveniently left out the fact she was freaking stoned and flatly stated the ignition switch was the cause.

That's what I meant.

[ElNono]

Well, the boo-hoo story you originally posted conveniently left out the fact she was freaking stoned and flatly stated the ignition switch was the cause.

That's what I meant.

Uh? she wasn't stoned, and the switch was the primary cause... that's why she's free.

[ElNono]

“At the time, unbeknownst to Ms. Anderson or my office, there were issues regarding her 2004 Saturn Ion,” Ms. Poynter Dixon wrote in a letter in support of Ms. Anderson in July. “Had I known at the time that G.M. knew of these issues and has since admitted to such, I do not believe the grand jury would have indicted her for intoxication manslaughter.”

same

[CosmicCowboy]

Uh? she wasn't stoned, and the switch was the primary cause... that's why she's free.

LOL

she was never incarcerated in the first place. $10,000 fine and court cost investment to get a multi million settlement from GM that never admitted fault. Pretty sweet investment.

I am going to quit arguing the english language with you if you don't understand the not so subtle difference between "might have" and "was" since the vehicle was never tested.

And as far as her being stoned, most sober people don't beg good samaritans to not call the police when they drive up on a fatal accident because the driver "didn't want to go to jail". She obviously knew she was stoned even if you choose not to admit it. On an anecdotal note (which I realize is clearly inadmissible in Spurs talk) I have suffered a severe concussion and three broken ribs and it never occurred to me that I shouldn't seek help because I might go to jail.

Have a great weekend.

[ElNono]

She had a blood test done after the accident, no pot found. There's no need to make stuff up. She also had an intoxicated manslaughter felony on her record, good luck explaining det one to a prospective employer.

What you're saying simply contradicts what the actual prosecutor and judge said and did (clear her record of this incident), which happened *only after* GM admitted to the switch in her vehicle being defective.

But you know better? LOL indeed.

You have a good weekend too.

[CosmicCowboy]

One more time nono. The english language is very specific. "drugs' does not necessarily equal pot. The drug test clearly confirmed a class II narcotic in her system, she had no prescription and was known to use illegal prescription drugs recreationally. The dead guys mother even confirmed she was trashed on them the night before the wreck the last time she saw her. Why are you accusing me of making this up? It's simple reading comprehension.

[ElNono]

You called her "stoned". Stoned is what you can call somebody intoxicated with marijuana.

http://www.urbandictionary.com/define.php?term=Stoned
http://en.wikipedia.org/wiki/Stoned
Substance intoxication, particularly cannabis intoxication

The drug test confirmed "traces" of Xanax. But the prosecutor himself says that if they would have known about the switch, the grand jury would have likely not convicted her.

At this point, you're arguing with the prosecutor and the judge's decision. Seems pretty silly to me.

[FuzzyLumpkins]

The automaker’s public acknowledgment linking Ms. Anderson’s crash to the defective ignition switch came in a letter from G.M.’s lawyers that was submitted by her lawyers to the district judge in Van Zandt County, Tex.

Should be in the case file.

:lmao

[Shastafarian]

Like I said, I'm not defending GM.:lol

[ElNono]

To CC's credit, he isn't defending GM, tbh...

I just don't get the rant about the story being "twisted"...

[Shastafarian]

To CC's credit, he isn't defending GM, tbh...

I just don't get the rant about the story being "twisted"...


"may" is not an admission of fault or responsibility.

Also note the calculated distinction between "old" GM that was possibly responsible and "new" GM that didn't manufacture the vehicle in question.


I realize he doesn't think he is because of his actual feelings toward GM or whatever, but this is defending the company that won't even defend itself in this case. Isn't it?

[FromWayDowntown]

Cosmic Cobra? I must be in the Twilight Zone.

[spurraider21]

lol unless you got into a time machine and inspected the car as the accident happened, you technically can't determine what the cause of the accident was. but there is this thing called product liability, and when they're having this huge, expensive recall, thats some damning evidence. especially when GM conducted an internal investigation and concluded that their vehicle was at fault

[ElNono]

lol unless you got into a time machine and inspected the car as the accident happened, you technically can't determine what the cause of the accident was. but there is this thing called product liability, and when they're having this huge, expensive recall, thats some damning evidence. especially when GM conducted an internal investigation and concluded that their vehicle was at fault

Agreed, but there's also the forensics aspect. A lot of conjectures are connected to create the theory of what happened under the assumption that certain things worked as expected. A car shutting down at an unexpected moment throws a big wrench into that.

[spurraider21]

Agreed, but there's also the forensics aspect. A lot of conjectures are connected to create the theory of what happened under the assumption that certain things worked as expected. A car shutting down at an unexpected moment throws a big wrench into that.
yep. add in that they are recalling that car for those exact reasons, and you have this reversal. not sure what cc is worrying about

[CosmicCowboy]

Guys, I'm not worrying about anything. Yes GM had a recall for that model. Yes it could have been the cars fault. That is all GM said...they had a recall on that product and it might have been the cars fault.

They didn't say it was the cars fault. They didn't examine the car. Nobody examined the car.

What is so hard to understand? She is getting a big payday. I'm ok with that. Maybe being stoned wasn't the cause of the accident. She seemed to think so at the time,but who really knows?

[ElNono]

I would surmise that GM did some sort of forensics before concluding their vehicle was at fault?

[CosmicCowboy]

I would surmise that GM did some sort of forensics before concluding their vehicle was at fault?

And around and around we go. GM never admitted fault.

[FromWayDowntown]

And around and around we go. GM never admitted fault.

The article seems to make it pretty clear that by May 2007, GM determined its vehicle was at least a cause of the accident in its own internal documents and has now acknowledged the likely link between the defect in its vehicles (for which new GM assumed liability) and the Anderson accident. In Texas, nobody has to prove that a particular thing was THE cause of an accident in order to impose liability against a person; it is enough to prove that a particular thing was A cause of an accident. That GM's faulty ignition switch might have been a cause of the accident is enough for it to be held liable for that defect and the consequences it created.

That GM didn't expressly admit to liability in the papers it provided in aide of Ms. Anderson's exoneration is more indicative of an effort to create a supportive paper trail (I think) than an actual refusal to acknowledge any responsibility for causing the accident. Erickson's mother has a pending lawsuit against GM for this very accident, based on this defect, so it's definitely in GM's interest to not provide her with smoking gun-type proof in that lawsuit.

[FromWayDowntown]

Nobody examined the car.

So you're saying GM:


1. linked the faulty ignition switch in some Saturns to this particular accident;

2. conducted an internal review of the accident and concluded its car was to blame;

3. had an engineer conclude that the power to the vehicle had most likely shut off; and

4. included Ms. Anderson in the compensation program

all without ever examining the vehicle?

[CosmicCowboy]

So you're saying GM:


1. linked the faulty ignition switch in some Saturns to this particular accident;

2. conducted an internal review of the accident and concluded its car was to blame;

3. had an engineer conclude that the power to the vehicle had most likely shut off; and

4. included Ms. Anderson in the compensation program

all without ever examining the vehicle?

apparently so.

http://www.bing.com/videos/watch/video/gm-ceo-on-candice-anderson-case/35pmj2z5o?cpkey=f6ec8652-3ffe-4900-93f7-0e3ed3827fa8%257c%257c%257c%257c

[CosmicCowboy]

online.wsj.com/articles/SB10001424052702304914904579435171004763740

[FromWayDowntown]

apparently so.

http://www.bing.com/videos/watch/video/gm-ceo-on-candice-anderson-case/35pmj2z5o?cpkey=f6ec8652-3ffe-4900-93f7-0e3ed3827fa8%257c%257c%257c%257c

Where in there does she say that GM never inspected the vehicle? The interview is now dated, given that GM has offered the very support that Barra said she thought was inappropriate for GM to provide, but beyond that, through her various dodges she never says "Well, we didn't have the opportunity to inspect the vehicle" or anything like it.

I'll admit that I've not kept up with the story, so if there's some attenuated reference to other context that would even suggest the lack of an investigation, I'm not aware of it at this point.

Instinctually, though, it seems extraordinarily unlikely that even a poorly-managed corporation would allow its employees to develop documents establishing its own responsibility for an accident without taking simple steps like examining the product. It seems much more likely that if GM was denied the opportunity to inspect the vehicle for some reason it would have simply acknowledged a defect that was pervasive on a particular make/model of vehicle without saying that it caused or contributed to any particular accident.

[ElNono]

Yeah, what kind of internal investigation is it if you determine the switch was likely at fault without looking at the switch? That makes no sense.

Plus, AFAIK, forensic investigation in fatal crashes are fairly normal. Especially when you're charging somebody.

[CosmicCowboy]

Fine, have it your way.

No law enforcement, attorney, or anyone else notifies GM about the accident. GM on their own flew someone down there, they jumped the fence into the impound yard months after the accident when they finally heard about it,and did a complete teardown on the vehicle to determine their switch was at fault, then jumped the fence again and flew back to Detroit without ever telling anyone they were there. Ever.

makes perfect sense. :lol

I'm done in this thread.

[ElNono]

Couldn't they just get the forensic report from the case? Seems like that would save a lot of fence jumping.

Why would GM acknowledge to have looked at this case particularly without particularly taking a look at it? Now that makes no sense. Unless you're saying they lied about looking at this case.

[Th'Pusher]

I'm done in this thread.

A little late, as nearly every response you've had in this thread has demolished by multiple posters with reasoned responses.

Better late than never I suppose.

[ElNono]

Nobody is winning the internets... chill...

[Th'Pusher]

Nobody is winning the internets... chill...

It's not about winning. He was making a fool of himself...and his comments about teaching you the English language were belittleling. Sorry, but the guy is a dick.

[spurraider21]

Nobody is winning the internets... chill...
not with that attitude. i'm the 5x defending champ

[CosmicCowboy]

It's not about winning. He was making a fool of himself...and his comments about teaching you the English language were belittleling. Sorry, but the guy is a dick.

You are the uninformed dick in this thread.

[Th'Pusher]

You are the uninformed dick in this thread.

Not really. FWD's first contribution to this thread was to refer to you as cosmic cobra. :lol

Just move on like you said you were going to.

[Th'Pusher]

You are the uninformed dick in this thread.

Not really. FWD's first contribution to this thread was to refer to you as cosmic cobra. :lol

Just move on like you said you were going to.

[CosmicCowboy]

Not really. FWD's first contribution to this thread was to refer to you as cosmic cobra. :lol

Just move on like you said you were going to.

GFY you little pissant. FWD and I were having a conversation about a current event. You are just a stupid thread molester with zero redeeming value.

[Th'Pusher]

GFY you little pissant. FWD and I were having a conversation about a current event. You are just a stupid thread molester with zero redeeming value.
Whatever you say cosmic cobra :lol

[FromWayDowntown]

FWD and I were having a conversation about a current event.

True. My remark was intended more in the nature of friendly chiding than any sort of attempt at assassination. If it wasn't taken that way initially, I hope it will be now.

[Th'Pusher]

True. My remark was intended more in the nature of friendly chiding than any sort of attempt at assassination. If it wasn't taken that way initially, I hope it will be now.

Friendly chiding in response to his wild cobraesque responses. It was funny.

The whole thing is amusing. cosmic cobra's emotional lash out is his standard overreaction.

Notice he's still responding to the thread he said he was "out" on...

[ElNono]

^ trying too hard. Not all of us have a bone to pick with CC...

[TheSanityAnnex]

Ankle biter gonna ankle bite

[Th'Pusher]

A little late, as nearly every response you've had in this thread has demolished by multiple posters with reasoned responses.

Better late than never I suppose.


Nobody is winning the internets... chill...


It's not about winning. He was making a fool of himself...and his comments about teaching you the English language were belittleling. Sorry, but the guy is a dick.


You are the uninformed dick in this thread.


Not really. FWD's first contribution to this thread was to refer to you as cosmic cobra. :lol

Just move on like you said you were going to.


Not really. FWD's first contribution to this thread was to refer to you as cosmic cobra. :lol

Just move on like you said you were going to.


GFY you little pissant. FWD and I were having a conversation about a current event. You are just a stupid thread molester with zero redeeming value.


Whatever you say cosmic cobra :lol

Cosmic Cobra barely emotional.

[Winehole23]

And around and around we go. GM never admitted fault.deferred adjudication. GM has essentially admitted criminal wrongdoing.

http://www.reuters.com/article/2015/09/16/us-gm-probe-idUSKCN0RG2WF20150916

[boutons_deux]

deferred adjudication. GM has essentially admitted criminal wrongdoing.

http://www.reuters.com/article/2015/09/16/us-gm-probe-idUSKCN0RG2WF20150916

people died, anybody going to jail?

[hater]

:lmao xanax is a prescription drug. Ppl are allowed to drive after taking it.

:lol making it seem they were high on pcp

[Winehole23]

people died, anybody going to jail?nope

[Winehole23]

the corporate veil wasn't pierced. it seldom is.

[boutons_deux]

the corporate veil wasn't pierced. it seldom is.

"some said" the Hobby Lobby ruling would provide a way to pierce the corporate veil, making corporate individuals with their Christian Sharia personally legally responsible for the results. hasn't happend, yet, afaik.

in the GM switch case, the specific engineer who let the bad switch continue is known.

[TeyshaBlue]

I think they got hit with a $900 million fine today for not addressing the problem timely.

That's gonna leave a mark.

[ElNono]

I think they got hit with a $900 million fine today for not addressing the problem timely.

That's gonna leave a mark.

They got out of it cheap... no jail time and it was a criminal complaint

[boutons_deux]

GM Paid Out $594.5M For 399 Ignition Switch Death And Injury Claimshttp://consumerist.com/2015/12/10/gm-paid-out-594-5m-for-399-ignition-switch-death-and-injury-claims/

any Human-American go to jail? isn't there an engineer's document that approves the known faulty switch should be continued in manufacturing?

[TeyshaBlue]

You would think there was. Engineers create reams of documentation of defects.

[boutons_deux]

GM Ignition-Switch Engineer Speaks After Months of Silence: “I Did My Job” (http://blog.caranddriver.com/gm-ignition-switch-engineer-speaks-after-months-of-silence-i-did-my-job/)
http://blog.caranddriver.com/gm-ignition-switch-engineer-speaks-after-months-of-silence-i-did-my-job/