Georgia Verdicts

Plaintiff(s):

Lindsay Walden , 

James Bryan Walden , 

Estate of Remington Cole Walden

Plaintiff Attorney(s):

James E. Butler Jr.;
Butler Wooten Cheeley & Peak LLP;
Columbus,
GA,
for
Lindsay Walden, James Bryan Walden, Estate of Remington Cole Walden ■ Jeb Butler;
Butler Tobin;
Atlanta,
GA,
for
Lindsay Walden, James Bryan Walden, Estate of Remington Cole Walden ■ George Floyd;
Floyd & Kendrick, LLC;
Bainbridge,
GA,
for
Lindsay Walden, James Bryan Walden, Estate of Remington Cole Walden

Plaintiff Expert(s):

G. Buchner; P.E.; Accident Reconstruction; Tallahassee,
FL called by:
James E. Butler Jr., Jeb Butler, George Floyd ■ Allan Kam; Transportation Regulations; Bethesda,
MD called by:
James E. Butler Jr., Jeb Butler, George Floyd ■ Frederick Arndt; Fuel Fires; Phoenix,
AZ called by:
James E. Butler Jr., Jeb Butler, George Floyd

Defendant(s):

Bryan L. Harrell, 

Chrysler Group LLC

Defense Attorney(s):

Karsten Bicknese;
Seacrest, Karesh, Tate & Bicknese;
Atlanta,
GA,
for
Bryan L. Harrell ■ Terry O. Brantley;
Swift, Currie, McGhee & Hiers, LLP;
Atlanta,
GA,
for
Chrysler Group LLC ■ Brian W. Bell;
Swanson, Martin & Bell, LLP;
Chicago,
IL,
for
Chrysler Group LLC ■ Bruce W. Kirbo Jr.;
Attorney at Law, LLC;
Bainbridge,
GA,
for
Chrysler Group LLC

Defendant Expert(s):

Jon Olson;
Engineering;
Dearborn,
MI called by:
Terry O. Brantley, Brian W. Bell, Bruce W. Kirbo Jr. ■ Stephen Fenton;
Accident Reconstruction;
Englewood,
CO called by:
Terry O. Brantley, Brian W. Bell, Bruce W. Kirbo Jr.

Insurer(s):

self-insured for Chrysler

On March 6, 2012, plaintiffs’ decedent, Remington Cole Walden, 4, was belted in a booster-seat in the rear of a 1999 Jeep Grand Cherokee driven by his aunt on Old Quincy Road in Bainbridge. While the boy’s aunt was preparing to make a left turn, the Jeep was rear-ended by a pickup truck driven by Bryan L. Harrell. An ensuing gasoline leak and fire, emanating from the Jeep’s gas tank, behind the rear axle, caused Remington’s death. James Bryan Walden and Lindsay Walden, individually and on behalf of the estate of their deceased son, sued Harrell and Chrysler Group LLC. They sued Harrell for vehicular negligence and sued Chrysler under a theory of products liability. (Lindsay Walden is now known as Lindsay Newsome Strickland, following plaintiffs’ divorce. Chrysler Group LLC is now known as FCA US LLC.) The plaintiffs contended that the impact of the collision ruptured the Jeep’s rear gas tank, causing the leak and fire. They argued that the location of the gas tank — 11 inches from the back of the vehicle and 6 inches below the bottom of the vehicle — constituted a design defect, because of the known dangers of rear-end impacts. The lawsuit maintained that the gas tank should have been in the middle of the vehicle, forward of the rear axle, where gas tanks are commonly located. According to the plaintiffs, Chrysler had been had been repeatedly warned about the dangers associated with rear gas tanks, from consumers, the National Highway Traffic Safety Administration (NHTSA), and its own engineers. Chrysler knew of at least 17 prior rear-impact collisions in which Jeep Grand Cherokee rear gas-tanks had failed, claimed the estate. Chrysler disputed liability. The company admitted that the gas tank was ruptured and caused the fire, but argued that the rear-end impact was severe because Harrell was traveling 51 mph. The company argued that Harrell was speeding and driving recklessly, and that his fault in decedent’s death was solidified by his pleading guilty to vehicular homicide. Chrysler further argued that the 1999 Grand Cherokee passed a federal-standards crash test (FMVSS 301) in 1999, and that other automakers were also using rear gas-tanks on 1999 model vehicles. Chrysler attempted to present statistical evidence, which it claimed was submitted to the NHTSA during a three-year investigation and which spanned over 20 years of rear-impact data. The data — which Chrysler claimed provided the basis for NHTSA’s determination that the 1999 Jeep Grand Cherokee did not pose an unreasonable risk to motor vehicle safety — was deemed inadmissible evidence by the court. Chrysler filed a motion for summary judgment on grounds that the plaintiffs’ claims were barred by Chrysler’s bankruptcy proceedings in 2009, which culminated in Fiat taking control of the company. The motion was denied, as plaintiffs were able to prove that a stipulation was filed in bankruptcy court, by which Fiat-Chrysler would remain liable for claims involving Chrysler vehicles made before 2009 that were involved in accidents after 2009. Harrell admitted that he caused the rear-ender by failing to avoid the collision, but argued that he was traveling within the speed limit and that the rear-end impact itself was not a proximate cause of decedent’s death, which was instead caused by the location of the ruptured gas tank. The estate also argued that the severity of the rear-end impact would not have caused the gas tank leak and fire, if the gas tank been located on the middle of the vehicle. They stated that neither Harrell nor the driver of the Jeep were injured from the allegedly severe impact, and that while Remington suffered a broken leg, his death was caused by burns from the fire, attributed to the location of the gas tank, not the severity of the impact. Furthermore, plaintiffs argued that the FMVSS 301 from 2009 represented minimum federal standards and that compliance with such standards is not sufficient, according to Sergio Marchionne, CEO of Fiat-Chrysler. Plaintiffs claimed the 1999 crash test had not been changed since the early 1970s and was not effective, especially in light of the ensuing Pinto gas tank controversy and associated recall and lawsuits. Plaintiffs asked the jury to apportion 99 percent of fault to Chrysler and 1 percent to Harrell.

Plaintiffs asked the jury for $120 million for the full value of Remington’s life, as well as an unspecified amount in damages for his pain and suffering.

The jury found Chrysler was 99 percent liable and Harrell 1 percent liable. Chrysler acted with a reckless and wanton disregard for human life and had failed in its duty to warn of a hazardous condition, the jury determined. The jury further found that Harrell was negligent in the operation of his vehicle. Plaintiffs were awarded $120 million for the decedent’s death and $30 million for his pain and suffering, for a total award of $150 million.

Judge:

J. Kevin Chason

Trial Length:

9
 days

This report is based on information that was provided by plaintiffs’ counsel and defense counsel for Harrell. Defense counsel for Chrysler did not respond to the reporter’s phone calls.