Facts

On May 4, 2001, plaintiff Joseph Provenza, 13, was burned when a gasoline leak from his motocross bike ignited. He and his parents sued clothing distributor LeMans Corp., alleging the specialty motocross clothing was advertised as fire-retardant, but contributed to his burns. Provenza's suit against Yamaha Motor Co. was dismissed before trial. The case proceeded against LeMans for products liability and breach of warranty.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended defendant's cotton and nylon clothes caught fire and continued to burn until totally consumed by flames. The clothing was supposed to be fire-retardant but actually enhanced plaintiff's burns beyond what he would have suffered had he worn flame-resistant material. The chemistry expert and fire-protection expert testified that the clothing's flammability, not the gasoline, accelerated plaintiff's burns.

DEFENDANT'S CONTENTIONS:
The defendant contended the clothing was never advertised as being fire-retardant. The leaking gasoline caused the burns, which were not enhanced by the clothing. Instead, plaintiff's parents wrapped metal wire around the bike's spark plug, causing the flame to accelerate. The textiles expert poured gasoline on a fire-retardant jersey and showed it burned just as quickly. The plaintiff was wearing Nomex, the fire-retardant material during the accident. A former motocross champion testified that he taught students how to properly wear impact-protection clothing.

Specials in Evidence

$4,266,600 $2,029,482 $7,115,370

Damages

$28 million in past and future disfigurement, pain, and suffering.

Injuries

Third degree burns to more than 90 percent of the body, respiratory failure, skin grafting, osteomyelitis of feet and toes requiring amputation, osteoporosis of foot bones, dislocated finger joints requiring fusion and amputation, hearing loss, among others. The treating physician testified Provenza was the most seriously injured burn victim in the state of Nevada.

Result

The plaintiff was awarded $41,519,423.

Deliberation

1.5 days

Poll

9-2

Length

three weeks