Facts

In June 2003, plaintiff Scott Gordon, a law student, was traveling with his friend to San Diego in a 1990 Nissan Pathfinder 4X4. As he entered an on-ramp near Las Vegas, plaintiff's car moved onto the left shoulder. When he tried to maneuver the car back onto the road, it spun out of control and rolled on the road. As a result of the accident, plaintiff became a paraplegic. He sued defendant Nissan Motor Co. for products liability, alleging that the rollover was caused by a design defect.

PLAINTIFF'S CONTENTIONS:
The 1990 Pathfinder was prone to rollovers because it had a low static stability factor, meaning that it had a narrow track width compared to the center gravity height. Plaintiff's expert opined that the Pathfinder's static stability factor did not meet his minimum acceptable standard. Plaintiff sustained injuries rendering him a paraplegic because the roof pushed him into his seat. Therefore, a seatbelt would not have protected him from his injuries.

DEFENDANT'S CONTENTIONS:
According to the accident reconstruction expert, the car rolled two times, which was indicative of a trip mechanism. Further, according to the accident reconstruction expert, the rollover caused the steel wheel of the car to dig into the pavement. The car was well designed and had the proper margin of safety. Had plaintiff been wearing his seatbelt, he would not have sustained injuries rendering him a paraplegic. This is because seatbelts decrease the risk of such injuries during rollover accidents. Moreover, real world crash statistics showed that the car's safety record exceeds other vehicles that are considered safe.

Specials in Evidence

Plaintiff claimed that he would have had a successful legal career and was therefore entitled to $3.5 million in future lost earnings. Plaintiff sought $2.2 million.

Injuries

Paraplegia at T12 level. Neurogenic bowel and bladder. Loss of sexual function.

Result

The jury determined that the Pathfinder did not have any design defects. Therefore, defendant was not liable for plaintiff's injuries.

Deliberation

two days

Poll

10-2

Length

three weeks