Facts

On Dec. 14, 2003, at 10:23 a.m., plaintiff Sukhsagar Pannu, 47, was driving his 1998 Land Rover Discovery I in the number 2 westbound lane on the 118 freeway. He was wearing a seat belt. Bret Lusis, 16 years old and driving an Acura, struck Pannu's driver's side. After this collision, Pannu's car moved right and collided with another vehicle, and then went counter-clockwise, rolling over three and a half times. Pannu sued defendant Land Rover North America Inc., among others, claiming that the Discovery I had defective stability and handling characteristics as well as insufficient roof strength. Trial proceeded on strict liability design defect and failure to warn theories.

DEFENDANTS' CONTENTIONS:
The defendants contended that the Discovery I was not defective and that it had rolled over because of a curb at the north edge of the 118 freeway. The defendant also claimed the roof strength was irrelevant as plaintiff dove to the roof and suffered injury before any significant roof deformation occurred. The defendants contended that Lusis was the sole cause of plaintiff's injuries and damages.

Injuries

Plaintiff was rendered a C6-7 partial quadriplegic.

Result

The judge issued a tentative decision on March 23, 2009, finding that the Discovery I was defectively designed and that defendants failed to warn of the vehicle's inadequate stability and roof strength. The judge awarded $11,654,000 in economic damages and $10 million in general damages, with 95 percent liability to Land Rover defendants and five percent to Bret Lusis.