Georgia Appeals Court Upholds $17 Million Verdict Against Honda

Car accidents in Georgia can be deadly even when there is only a single vehicle involved. Such accidents can also be the result of third-party negligence. For instance, if a defect in the vehicle itself caused or contributed to the driver’s injuries or death, the manufacturer may be held civilly responsible under Georgia product liability laws.

Automaker Sanctioned After Failing to Follow Judge’s Orders

Recently, the Georgia Court of Appeals affirmed a $17 million wrongful death verdict arising from a single-car accident that killed the driver. The accident itself actually occurred in Tennessee. The victim purchased the vehicle in Georgia, however, and her estate filed its wrongful death claim in Georgia, so Georgia law applied.

The facts of the case were fairly straightforward. The victim was driving a 2014 Honda CRV on I-81. While navigating a curve, the vehicle entered the median, rolled over, and ejected the victim, killing her. The victim’s husband, acting as administrator of her estate, then sued Honda, alleging the vehicle’s “occupant restraint system was defective” and caused her death. The lawsuit also named the Georgia dealership where the victim purchased the vehicle.

During pretrial proceedings, the judge granted several motions filed by the estate that barred Honda from raising certain arguments during the trial. For example, Honda sought to introduce evidence regarding blood tests of the victim performed by Tennessee law enforcement following the accident. Honda wanted to shift blame for the accident to the victim by trying to prove she was drunk. The judge agreed with the estate that such evidence was irrelevant to whether or not Honda’s safety restraint system was defective.

Despite the judge barring such evidence, however, Honda’s counsel referenced it in a slide shown to the jury during opening statements. Due to this and other violations of the court’s pretrial orders, the judge sanctioned Honda by striking its answer. In plain terms, the judge found Honda in default with respect to liability. The jury trial then proceeded solely on the amount of damages that Honda owed the estate. As previously noted, the jury ultimately returned a verdict for $17 million in damages.

On appeal, Honda challenged the trial court’s sanctions. But the Court of Appeals said there was no abuse of discretion on the judge’s part. The appellate court noted that Honda “engaged in a pattern of disobeying the trial court’s orders.” Under Georgia law, a trial judge has the authority to “strike a defendant’s answer” in such situations. One judge on the Court of Appeals panel dissented, arguing that under binding Georgia Supreme Court precedent, the trial court “lacked the authority to strike Honda’s answer.”

Contact an Atlanta Car Accident Lawyer Today

Even in single-vehicle accidents there may be one or more third parties whose negligence caused the victim’s injuries. Our Atlanta car accident attorneys can review the facts of your accident and advise you on an appropriate course of legal action. Contact Morain & Buckelew, LLC, today at (404) 448-3146, to schedule a free consultation.

Source:

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