Janice Windh, Steven R. Windh v. Patricia Christiansen, Land Rover North America Inc., Ford Motor Company
Published: Nov. 19, 2005 | Result Date: Sep. 8, 2005 | Filing Date: Jan. 1, 1900 |Case number: 01CC15984 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Bruce A. Broillet
(Greene, Broillet & Wheeler LLP)
Adam K. Shea
(Panish Shea Boyle Ravipudi LLP)
Defendant
Experts
Plaintiff
Anthony Sances Jr.
(technical)
Sharon K. Kawai M.D.
(medical)
Donald Friedman
(technical)
Michael G. Kaplan
(technical)
John Marcosky
(technical)
Peter Formuzis Ph.D.
(technical)
Defendant
Jeff Wirth
(technical)
James H. Raddin Jr.
(technical)
Ken J. Orlowski
(technical)
Geoffrey J. Germane
(technical)
Pamela Oviatt
(technical)
Jeffrey J. Croteau
(technical)
Facts
Janice Windh, a 43-year-old homemaker, was driving her 1995 Land Rover Discovery on State Route 99 in Fresno on Dec. 16, 2000, when she was hit from behind by a driver who fell asleep at the wheel while traveling at between 60 and 80 mph. The impact forced Windh's vehicle onto the shoulder. It flipped 4.5 times. Windh sustained a serious neck injury. Windh sued Land Rover, the manufacturer of the vehicle, and its parent, Ford Motor Co., which purchased the company about six years after Windh's vehicle was manufactured. She also sued the driver whose vehicle struck her, Patricia Christensen. Christensen settled before trial.
The trial was bifurcated. At the first phase, Windh alleged products liability against Land Rover, claiming that the vehicle's roof was defectively designed, resulting in its premature collapse. She further contended that the roof struck her head, causing her neck injury. If liability was found, the second phase would have been against Ford on an alter-ego theory.
Land Rover denied that it had defectively designed the roof of her vehicle. While it acknowledged that the roof sustained some damage, it denied that its collapse caused Windh's injury. It claimed that the injury was the result of Windh's head striking the driver's side roof rail just in front of the B-pillar, before the roof collapsed. It further contended that it is not possible to prevent all serious injury in the event of a severe rollover.
Damages
Windh asked the jury for $11.6 million in economic damages and $30 million in non-economic damages. Windh's husband, Steven Windh, filed a claim for loss of consortium.
Injuries
Windh sustained a compression injury to the cervical spine, rendering her a quadriplegic. She remained paralyzed after several surgeries. She also sustained a basal skull fracture in the accident. As a result, she requires 24-hour assistance.
Result
Defense Verdict. Jury Trial Length: 24 days of trial over the course of three months. Deliberation: 12 hours over two and a half days.
Deliberation
12 hours
Length
24 days
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