Lawsuit: GM Concealed Defect in 2007-2008 Impalas

A Pennsylvania woman is suing General Motors Co., claiming the U.S. auto manufacturer should be forced to repair a rear-end defect it concealed from owners of more than 400,000 Chevrolet Impalas.

The lawsuit claims defective rear-wheel spindle rods on the 2007-2008 models of Chevrolet Impala vehicles may cause the tires to prematurely wear out.

In 2008, GM instructed dealers to replace the rear spindle rods on 24,000 Impalas that had been sold to police departments throughout the nation.

The lawsuit, which is seeking class action status, alleges GM should also be compelled to repair Impalas that were purchased by over 400,000 consumers during the same time period.


Donna Trusky, who filed the lawsuit, purchased an Impala in February 2008, but had to replace the tires after only 6,000 miles. The dealer that paid to replace Trusky's rear tires failed to mention the potential problem with the rear spindle rods. The rear tires had to be replaced again when the vehicle had only 24,000 miles. The suit claims GM concealed the existence of the defect from all class members, particularly those who took their Impala vehicles to dealers for repairs.


For more information on defective products cases, contact Caruso Law Offices, P.C. at 505-883-5000 or contact us at http://www.carusolaw.com/

Albuquerque Insurance Claims Adjusters Get Tougher on Claim Evaluations--New Mexico

Albuquerque insurance adjusters get tough on personal injury claims.

By Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

Insurance Claims Adjusters who routinely handle personal injury claims from car accidents are getting tougher in paying claims.  The result may be the opposite of what the claims adjusters intended.  More and more personal injury claimants are hiring attorneys to represent them.  The claim costs the insurance company more money the moment a claimant gets an attorney.  Getting tougher on personal injury claim evaluations will cost the insurance company more money in the long run.

"A greater percentage of claimants are getting attorneys to represent them in their personal injury claims, and this is costing insurance companies more money in the long run," says Albuquerque attorney Mark J. Caruso.  Caruso is among a growing number of attorneys who only handle personal injury claims.  As a former insurance company attorney, Caruso knows both sides of the claim. "I used to represent insurance companies, but now I only represent claimants against insurance companies."

Clients who have successfully used Caruso as their attorney note that it was advantageous to have an attorney who knew the strategies of the insurance adjusters and their attorneys.  Attorneys who have battled Caruso in cases note that he knows the ins and outs of the personal injury claim, and he is extremely knowledgeable and prepared for battle. He is licensed in both California and New Mexico and has been practicing law for 28 years.

Caruso has two offices in Albuquerque, but travels statewide representing claimants.  His Albuquerque offices are located in the Northeast Heights near Montgomery and Carlisle and in the Northwest near I-40 and Coors.  He can be contacted at 505-883-5000 or toll free at 800-657-9292.  The website is http://www.carusolaw.com/

Albuquerque Accident Attorneys Should Discount Their Fees

Lower attorney contingency fees put more money in client's pocket after personal injury and wrongful death settlements.

By : Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

You have probably seen all the attorneys advertising on television, billboards and the sides of buses that they will represent you in your personal injury claim on a percentage fee basis.  This is called a contingency fee.  A contingency fee means that you pay the personal injury attorney no hourly fee, but instead pay a "percentage fee" at the conclusion of the claim.  If the lawyer recovers no money on the claim, the attorney gets no attorney fee.

The New Mexico Rules of Professional Conduct set the ethical rules for attorneys to follow when charging clients a contingency fee. The rules require the contingent fee to be reasonable, and require that the contingent fee agreement be in writing and signed by the client and attorney.

Most every auto accident and personal injury  attorneys in Albuquerque, NM  charges a contingency fee of  33 1/3% for all injury cases that are settled prior to a lawsuit being filed. This seems a little steep, especially because so little work is done by the attorney before the lawsuit is filed. Most of the initial gathering of medical records and establishing of liability are done by a paralegal or legal assistant supervised by the attorney.  However, if a lawsuit is filed because the case could not be settled, then the attorney has much more involvement in the claim.

Beginning in 2009 Caruso Law Offices pioneered a new approach to attorneys fees in Albuquerque, NM.  In compliance with the "reasonable fee" requirement of the Rules and knowing that less work was required to settle a case if no lawsuit was yet file, we discounted our percentage contingency fee.  We discount the contingency fee to only 29% if a case is settled before a lawsuit is filed.

The result is that more money goes into the  client's pocket! It also means quicker settlements for clients. As an example, using a settlement of a $50,000 case, the attorney fee would be $14,500 rather than $16,666.  That's $2,100 more into the client's pocket rather than the attorney's pocket.

The response from clients to the discounted contingency fee has been amazing. Caruso Law Offices receives most of its personal injury client referrals from word of mouth, and little advertising is really needed.

Some might believe that a discounted fees means a lesser qualified attorney or law firm. Not so! Mark Caruso, the senior attorney at Caruso Law Offices,  is a former insurance company attorney who now helps injured victims.  He has over 30 years of experience helping injured victims. He is also licensed in both New Mexico and California. Because Caruso Law Offices does not do television, billboard or bus advertising, its overhead is smaller, and it can help the client by putting more money in the client's pocket. Helping the clients should be the number one priority of every attorney, and it is the priority at Caruso Law Offices.

The discount really means  that the attorney isn't spending lots of money on advertising and can afford to pass the savings to his clients.  Advertising is an expensive overhead.  Freeway billboards can cost $5,000 a month, and some attorney television budgets are $20,000 monthly.  The advertising does not mean that the attorney is a better attorney, only that he is spending more on advertising and probably charging the higher 33 1/3% fee rather than the discounted 29% fee.

If you would like to personally talk with Mark Caruso at  a free and confidential consultation, you can call him at 505-883-5000 or toll free at 800-657-9292. We have two locations in Albuquerque--the NorthEast Heights and the West Side.  You can also see our web site at www.carusolaw.com We look forward to hearing from you. Thanks. Mark

Albuquerque, New Mexico Insurance Companies Unfair Evaluation of Claims

Time for insurance adjusters to be fair in evaluation of personal injury claims.

By Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

Ever since the financial collapse of 2008, insurance companies have become stingier and stingier on the amount of settlement that are being offered on personal injury claims. Insurance adjusters claim that they "just don't have as much money as they used to" as the reason for this failure to pay the full value of claims.

The question I want to discuss today is, What is the fair evaluation of a personal injury claim with soft tissue injuries. Let's say that you are involved in an accident with significant property damage to your vehicle. You don't have a prior history of back or neck problems. You are taken by ambulance to the emergency room, examined, given x-rays and prescription drugs, told that you have a neck/back strain injury and sent home. A few days later you go to a chiropracter and treat for a few months. You don't miss any work. You feel great when released by the doctor. Let's also assume that your medical bills are at about $8,000.00

Given these limited facts, I would value the case at about $24,000 but most insurance companies would offer you $12,000--less than half the amount of my value. Am I wrong in my valuation, or is the insurance company wrong?

I believe the only way to determine the true value of the case is to base the value on prior experience. I routinely take cases to trial and arbitration. I can say definitively that this case would result in an award of about $24,000 I have done this time after time with the same result. CASES ARE STILL WORTH THREE TIMES THE MEDICAL BILLS if you have clear liability, significant property damage, good medical care of soft tissue injuries (whiplash, etc).

As lawyers, we cannot accept amounts less than the real value of the case, and we must be willing to litigate cases to get our clients the amount that our clients deserve--the true value of the case.

I am continuing to accept new clients, and as a former insurance company attorney with 28 years of experience, I believe that I can get my clients the maximum amount of money from the insurance company.

Call me at 505-883-5000 or toll free at 800-657-9292 or contact me at mark@carusolaw.com

I look forward to hearing from you.

Mark Caruso

Committee OKs Death Penalty Repeal

Tuesday, March 10, 2009



Committee OKs Death Penalty Repeal



By Dan Boyd

Journal Capitol Bureau

SANTA FE — The latest effort to repeal New Mexico's death penalty edged past a key legislative gatekeeper on Monday and headed for a crucial Senate vote.

The Senate Judiciary Committee voted 6-5 in favor of replacing the death penalty with life in prison without parole, advancing the measure to the full Senate.

Passage by the 42-member Senate during the 12 days remaining in the legislative session would send the measure to Gov. Bill Richardson, whose past support for the death penalty may have softened. Approval of the legislation would make New Mexico the 15th state in the nation to abolish capital punishment.

"We are cautiously optimistic about the vote on the floor," said Michelle Giger, a member of the New Mexico branch of Murder Victims' Families for Reconciliation. "We have a way better chance than we did before."

All four Republicans on the Senate Judiciary Committee voted against the bill Monday and were joined by Sen. Richard Martinez, D-Española. The six other Democrats on the committee voted for the bill.

"I do believe that the death penalty is a deterrent," Martinez said. "In my heart, I think it is."

The measure to repeal the death penalty — House Bill 285 — passed the House of Representatives 40-28 on Feb. 11, and a full Senate vote could come later this week.

Although Richardson previously has opposed attempts to abolish the death penalty, he's staying open to the idea this time around, said Eric Witt, Richardson's legislative liaison.

"The governor continues to weigh all sides on this issue," Witt said Monday. "I don't expect him to make up his mind until, and if, it gets to his desk."

Among those arguing to repeal the New Mexico death penalty Monday was Sam Millsap, a former district attorney in San Antonio, Texas, who told committee members he harbors doubts about whether a man executed under his watch in 1993 was actually guilty.

"I oppose the death penalty because my experience shows me the greatest criminal justice system in the world is simply not competent to decide who may live and who may die," said Millsap, a former death penalty supporter.

Opponents of repeal who testified Monday said they believe having the death penalty serves as a deterrent and raised questions about the argument that doing away with it would save the state money.

"We will continue to pay defense attorneys who are trying to get people off life without parole," said Lemuel Martinez, who represents Valencia, Sandoval and Cibola counties as New Mexico's 13th Judicial District Attorney.

Twenty-six people have been executed in New Mexico since 1912. However, the state hasn't executed an inmate since 2001, when Terry Clark received a lethal injection for abducting and murdering 9-year-old Dena Lynn Gore in Artesia.

Two individuals are now on death row — Robert Fry of Farmington and Timothy Allen of Bloomfield.

There have been repeated efforts in New Mexico to repeal the death penalty, but supporters say 2009 may represent their best chance yet. Democrats increased their numbers in the 2008 elections and now outnumber Republicans 72-40 in the Legislature. Meanwhile, cost-savings arguments, stemming mostly from the expense of lengthy death penalty appeals and legal work, might be carrying greater weight given the troubled state of economy.

"We're very optimistic," said Allen Sanchez, executive director of the New Mexico Conference of Catholic Bishops, which supports a repeal of the death penalty.

The bill's sponsor, Rep. Gail Chasey, D-Albuquerque, has introduced legislation that would provide $1.5 million annually in compensation for murder victims' families, and said doing away with the death penalty doesn't equate to greater leniency.

"We are not excusing terribly violent murders, by any means," Chasey said. "We believe society should be protected."

Opponents of the bill, including Senate Minority Whip William Payne, R-Albuquerque, aren't convinced.

"The problem I've always had with this bill is the police officers and the corrections officers," Payne said. "We may lock (those convicted) away for life, but we don't lock them away from people for life."