Wilma Young; Edwin Flemmings v. Selma RV; Spartan Motors, Inc.
Published: Mar. 28, 1998 | Result Date: Feb. 13, 1998 | Filing Date: Jan. 1, 1900 |Case number: 91920 Verdict – $0
Judge
Court
Stanislaus Superior
Attorneys
Plaintiff
Defendant
Daniel L. Harralson
(The Daniel Harralson Law Firm APC)
Experts
Plaintiff
Anthony Frawley
(technical)
David S. Olson
(Brooklyn Law School)
(medical)
Defendant
Michael M. Edwards
(technical)
Neil Flynn
(medical)
Robert M. Bittle
(medical)
Robert C. Sherman
(technical)
Facts
In 1995, plaintiff Wilma Young, purchased a new motor home for his son, who suffered from a terminal illness. Complaints about the motorhome began as of the first day of possession when the steering wheel came off while driving at freeway speed. Other complaints were alleged, including numerous electrical problems, an exhaust leak and holes in the undercarriage. The plaintiffs brought this action against the manufacturer based on products liability, negligence and breach of express and implied warranties theories of recovery. Plaintiffs sued the dealer of the motorhome for additional causes of action including fraud, breach of implied warranty of fitness for a particular use and breach of contract. The dealer settled for $50,000 in January 1998. Plaintiffs also sued Firan Motor Coach Inc. for breach of express and implied warranty, negligence and products liability. Firan Motor Coach Inc. closed its United States operation in June 1997. Plaintiffs dismissed this defendant at trial, and proceeded only against Spartan Motors Inc. at trial. Per defendant, evidence produced at trial showed Firan Motor Coach Inc. installed the steering wheel, ABS warning light, and parts of the cruise control in the vehicle. Evidence produced at trial showed that Spartan Motors warrantied the steering wheel, the anti-lock brake system and the entire cruise control system in the motorhome. Evidence also showed that plaintiff had installed an exhaust brake on the exhaust system. The exhaust brake was installed at a non-authorized facility, and conflicting evidence was introduced as to whether the correct engine valve springs as required by the engine manufacturer were installed. Per plaintiff, evidence showed that the exhaust leak existed before the exhaust brake was installed on the exhaust system; no evidence was produced to show that the exhaust brake had any relationship to the exhaust leak on the motorhome; and the motorhome was in Spartan Motor's authorized repair facility four more times for some of the same defects and more than 30 days cumulative for defects related to the Spartan chassis within the first year of purchase and before 12,000 miles were on the vehicle.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $938,000. The defendants made a C.C.P. º998 offer of compromise for $25,000. Plaintiffs also made a prior settlement demand of $40,000 as to Spartan Motors which was rejected.
Damages
The plaintiffs claimed $179,000 (value of vehicle and specials) plus civil penalties in an amount two times the damages to plaintiff Young. The plaintiffs also claimed emotional distress in an unspecified amount.
Other Information
The verdict was reached approximately one year and seven months after the case was filed. Defendant's motion for nonsuit was granted as to the products liability cause of action. SETTLEMENT CONFERENCE: A settlement conference was held on Jan. 12, 1998, before the Hon. John E. Griffin Jr. resulting in no settlement. EXPERT TESTIMONY: Per defendants, medical testimony by all medical witnesses was that no research supported the idea that a specific stressor would accelerate the course of the illness, and that the course of plaintiff's disease process was progressing at a normal and average pace. Per plaintiff, medical testimony by all medical witnesses supported the contention that illnesses related to plaintiff's disease were aggravated by stress and by the stress plaintiff suffered due to the problems he had with the motorhome. Plaintiff's treating physician, Dr. David Olson, testified that his condition from his illness had not progressed significantly from the original date of his diagnosis, and that there were several significant stressors in his life during all relevant times.
Deliberation
seven hours
Poll
After polling, the jury found that Spartan Motors did have a written express warranty, but that Spartan had not breached the express warranty, or any implied warranty, and that Spartan was not negligent
Length
18 days
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