Alfredo Barrera et al vs. Honda Motor Co., Ltd., et al

Outcome: $3.1M awarded to Plaintiff and $750,000 loss earni

Description: Products/neg. Gross Neg - Alfredo Barrera, 17, was riding a Honda "3 Wheeler" on 02-17-91 with Arturo Guerra, Jr., 15 a passenger. They were riding down a ranch road at about 20mph and attempted to negotiate a modest turn but the vehicle "plowed" and continued straight and over a 13' enbankment. Alleged defects: Solid rear axle (no differential), high center of gravity, large, balloon like-tires, in order to ensure safe turns, rider has to constantly shift his body in a radical manner and where the slightest error in judgment can cause an accident at any speed. Defendants contended Barrera failed to: control speed, wear a helmet,maintain brakes, read the owner's manual, and ride at a reasonable speed. Also claimed both Plts neg. for riding double. Plts countered that it wasn't their bike. Both sides called former officials of the Consumer Product Safety Commission (CPSC) to testify as to safety issues including an investigation leading to a consent decree whereby Japanese manufacturers agreed to no longer sell 3-wheelers in the U.S. Documentation indicated those 3-wheelers remaining in stock were distributed to other countries. Acenio & Belen Barrera are Alfredo's parents. Arturo Guerra, Sr. is Arturo, Jr's father. Sidelight - Plt. witness Minton rode the 1st Honda 3-wheeler imported into the U.S. (1970). The alleged injuires: Barrera spinal cord injury at T12,L1 with incomplete paraplegia from the waist down, sexually dysfunctional. $3.1M past and fut. medical., $750,000 loss of earning capacity. Guerra - compression fx of the C6 vertebra, fx of right fibula at the ankle, fx right big toe. $750 medical (treated in Mexico). Expert witnesses for plaintiff's were: Herbert Newbold engineer Lafayette, Co., re acc. recon/design, Ed Karnes, human factors eng., Denver, CO, re warnings, Charles Hawkins, PhD econ., Beaumont, Michael Chester former team rider for Honda, now a quadriplegic, San Marcos, CA, re maneuverability & handling problems with 3-wheelers, Alex Willingham, PM, San Antonio, treating phys., Joe Wiley Minto, former Honda employee, re design, Stuart Statler, former acting commissioner of the CPSC The expert witnesses for defendant's were: Ed Martinez, PhD acc. recon., Texas A&M, Walter Reed, PhD acc. recon. & design, Austin, Alan Dorris, human factors eng., Atlanta, re warnings (depo), James Vinson, PhD econ., Austin, Ed Workman, voc. rehab, Santa Anna-Heights, CA, Richard Gross, attorney, Boston, exec. director of the CPSC before the investigation, Tracy Dickson, ex-team rider for Honda re maneuverability & handling of 3-wheeler, roger McCarthy, eng., Menlo Park, CA, comparative risk analysis, Yoshikazu Washizawa, Honda design eng., Japan The verdict or disposition: Judge didn't allow warning defect issue. Jury found there was a design defect and Honda was 100% neg., but no gross neg. Alfredo Barrera: 500,000 past phys. pain & mental ang. 1,500,000 fut. phys. pain & mental ang. 1,000,000 disfigurement 1,000,000 physical impairment 750,000 loss of earning capacity 3,111,000 medical 1,866,848,24 prejudgment interest Arcenio Barrera: 200,000 loss of consortium 47,496.46 prejudgment interest Belen Barrera: 200,000 loss of consortium 47,496.46 prejudgment interest Arcenio & Belen Barrera: 2,500.00 loss of services 593.71 prejudgment interest Arturo Guerra, Jr.: 2,500.00 pass phys. pain & mental ang. 110,000.00 fut. phys. pain & mental ang. 26,716.76 prejudgment interest Arturo Guerra, Sr. 750.00 medical 178.11 prejudgment interest 10,366,0769.74 Total Damages. 11-1 ( 22 day trial) Pre-trial demand: 8,500,000 Pre-trial offer: 850,000 Sidelight - jury awarded a total of 5M in punitive damages, but there was no gross neg. finding. Client received approximately $1 million and attorneys fees around $400,000.00 - with Trial Attorney Bennett receiving around $75,000.00 after distribution to partners.