Rush et al. v. American Honda Motor Company et al.

Product liability

Los Angeles County

Superior Court Judge Victor E. Chavez

Defense lawyers: Bowman and Brooke LLP, Paul G. Cereghini, William F. Auther, Hannah L. Mohrman, Nathan J. Marcusen

Plaintiffs' lawyers: The Simon Law Group, Robert T. Simon, Thomas J. Conroy, Travis E. Davis; Case Barnett Law Corp., Case C. Barnett

Chelsea Rush, a young woman who had recently found out she was pregnant, was catastrophically injured when the Honda TRX250EX all-terrain vehicle she was riding crashed into a cliff wall.

Her baby was unharmed in the crash, but Rush became an incomplete paraplegic. In the ensuing civil trial, Rush claimed American Honda Motor Co. was at fault and sought a $160 million award. Paul G. Cereghini, the Bowman and Brooke LLP firm chair leading the defense team for Honda, said the tragedy made it an emotional trial.

"It was important for us to focus the trial on the evidence and the objective application of the law to the facts of what happened in the crash and the design, function and performance of the vehicle," Cereghini said. "It was important that we respectfully [show] that her version of the crash was not correct while at the same time not polarizing jurors who were understandably sympathetic to her."

Rush alleged the ATV had design and warning defects that led to the crash. Co-founder of The Simon Law Group and Rush's lead counsel Robert T. Simon said the accident occurred when Rush's foot got caught in a rear tire. Rush et al. v. American Honda Motor Company, BC658021 (Los Angeles County Sup. Ct., filed April 14, 2017).

He knew coming into this case proving liability would be an uphill battle, but he said he is disappointed with the jury's decision.

"If you look at it from a 3,000-foot view, this is a product that's never had a claim on it, a trial on it. It's an allegation that's apparently never been made for that type of injury for that specific model, so that's why it was very challenging," Simon said. "But I believed in Ms. Rush. I believed her story and how things happened."

Cereghini said he and his team relied on an evidence-based approach to their defense. A Honda engineer testified to the rigorous safety tests conducted on the ATV, and experts testified the vehicle had an "exemplary" safety record.

He said the team also used key exhibits, such as laser scans of the crash scene, videotaped tests of the crash site with novice riders and a 3D reconstruction of the collision to show Rush was distracted and not paying attention at the time of the crash. At the end of the trial, the jury delivered a total defense verdict.

"The jury's verdict reflects the power of physical evidence," Cereghini said.

-- Nicole Tyau