Facts

On Oct. 11, 2006, at 6 a.m., plaintiff Steven Johnson, a 46-year-old Los Angeles Police Dept. motor officer was lawfully operating his LAPD issued motorcycle on route to work on the 405 freeway southbound at approximately 65 mph. At the same time, defendant Martin Nagel was operating his 2006 Nissan 350Z northbound. Defendant had purchased the Nissan from defendant Antelope Valley Nissan (AVN) when its left front wheel fractured, separated from the car, flew over the center divider, and struck plaintiff's motorcycle. Plaintiff was knocked from his motorcycle, sent sliding down the pavement for an estimated 150 feet at high speed.

Fourteen years before this accident, Nissan North America issued a technical service bulletin that dealers should not be selling Original Equipment Manufactured (OEM) wheels with aftermarket chrome. Despite the warning from Nissan North America, AVN continued to do so.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the chrome plating process changed the metallurgical properties of Nagel's wheel, including the hardness and tensile strength. Plaintiff claimed that AVN knew or should have known that this was possible when applying after-market factory chrome to OEM wheels.

DEFENDANTS' CONTENTIONS:
Defendants contended that any alleged defects were caused by the parties responsible for chroming the wheels, namely WSG Plating Inc., and Linco who stripped and plated the wheels.

Specials in Evidence

$100,000 $47,000

Injuries

Plaintiff suffered injuries to knees, hip, arms back, left hand and shoulder, and neck. Plaintiff severely dislocated two fingers on his left hand and broke the ring finger on his right hand. Plaintiff suffered a labral tear and injured the acromioclavicular joint in his right shoulder and suffered an intervertebral disc injury at C5-6 and C6-7. While there were indications of degenerative disc disease, there is no indication that his neck was symptomatic prior to this accident.

Result

Settlement in favor of plaintiff for $2,750,000.

Other Information

FILING DATE: April 21, 2008.