“He lived a very, very, very difficult life while he remained alive,” his lawyer Jones said.
Klein said it was clear that Paxin had passed out completely during the incident. The Titan drove at least 34 miles per hour over the 4½-foot-tall slope and “slammed” down, and that landing is what hurt Paxin’s spine, Klein said.
“There is a great deal of dispute about what caused that neck fracture,” Klein said. He said Paxin slowly went over the small slope, slammed down onto the blacktop — an entrance ramp into a Walmart shopping center — and then crossed it, hitting a curb on the other side and confusing the car’s computers.
“From all data that the vehicle was able to gather, it looked like he was going to roll over,” Klein said. The airbags deployed, and when he hit the curb on the other side, “that caused a sharp left steer input.” The car then slowed while continuing its left turn and presently came to a stop, he said.
Paxin is represented by J. Randall Jones of Kemp Jones LLP.
Nissan is represented by Tom Klein of Klein Thomas Lee & Fresard.