This sounds like it might be funny but it isn't. On July 3, 2010, a driver of a very new 2010 Mercedes Benz sedan claims the "new car smell" from his vehicle caused him to lose consciousness and hit a bicyclist. The driver, Martin Erzinger, claimed he fell asleep while driving which caused him to hit Dr. Stephen Milo who was riding his bicycle at the time. Minutes after the collision, however, Erzinger was able to drive away from the wreck and was later found putting the damaged side mirror in his trunk. Dr. Milo was left lying seriously injured on the road.
This "new car smell" defense arose when the local prosecutor charged Erzinger with a felony charge of leaving the scene of an accident causing serious bodily injury. Erzinger's attorneys hired an accident reconstructionist who examined the new Mercedes and the accident scene and developed this defense.
Dr. Milo, 31, is a professor, doctor, and liver transplant anesthesiologist at a New York hospital. He suffered debilitating injuries in the wreck. As a result of the hit and run accident, Dr. Milo continues to suffer from spinal cord fluid leakage and severe headaches.
Attorney Scott Williamson assists victims of negligence all over Georgia and North Atlanta: Dunwoody, Alpharetta, Sandy Springs, Roswell, Marietta, Smyrna, Johns Creek, Norcross, Duluth, Chamblee, and Tucker.