Facts

In May 2011, plaintiff Toby Morin, a 37-year-old paraplegic man in San Diego, purchased a custom Q7 wheelchair. Sunrise Medical (US) LLC manufactures and sells the Quickie Q7 wheelchair. Its authorized dealer, National Seating & Mobility Inc., distributes and services the Quickie Q7.

A year after Morin bought his wheelchair, Sunrise Medical made a design change to the folding angle adjustable backrest bracket of the Quickie Q7, causing the traumatic or threaded ends of bolts to face inward, into the occupant space of the wheelchair, instead of outward away from the occupant. In 2013, the newly designed back bracket was installed on Morin's wheelchair by National Seating & Mobility using a replacement kit sold by Sunrise.

PLAINTIFF'S CONTENTIONS: National Seating, however, installed the wrong bolt in Sunrise's replacement kit causing the traumatic end of the bolt to protrude ever farther into the wheelchair's occupant space. Neither National nor Sunrise informed Toby that the orientation of the back bracket bolts was being changed or that a bolt's traumatic end was protruding into the occupant space of the wheelchair.
In August 2014, an area near Toby's buttock was punctured by one of the bolts from the backrest bracket, causing a traumatic wound. Shortly after that, the seat sling of Morin's wheelchair broke due to a defectively designed rear screw, which had been improperly repaired by National Seating, causing the puncture wound near buttock to rip open even further. The wound did not close and remained open three years later at the time of trial. The wound caused a significant increase in Morin's pain and spasms, made him housebound and severely compromised his independence.

At trial, plaintiff presented evidence that the wound has remained open for three years, has caused involuntary lower extremity movements, pain and home confinement. Plaintiff presented evidence that these physical injuries have caused a major depressive disorder requiring treatment.

Plaintiff alleged the inward facing bolts and components used in the seat of the wheelchair were defectively designed. He further alleged defendants failed to warn of potential hazards, that the wheelchair was defectively manufactured and that both defendants were negligent. Plaintiff contended the design, manufacture, repair and warnings for the wheelchair were defective and negligent. Plaintiff contended defendants acted with malice, oppression and/or fraud, sufficient to warrant an assessment of punitive damages.

DEFENDANT'S CONTENTIONS: Defendants denied all liability and contended plaintiff suffered no damages.

Settlement Discussions

Sunrise Medical issued a CCP 998 offer to compromise of $100,000.

Damages

Plaintiff asserted that he will require $4,900,000 in future medical care as a result of his injuries.

Injuries

Morin received a puncture wound in upper thigh, which remained open for three years. The wound and the scar tissue formation around it, has resulted in frequent, painful and involuntary lower extremity spasms. He also suffered severe mental injury arising from near-total home confinement for three years.

Result

The jury apportioned Sunrise Medical 30 percent liability and National Seating 70 percent liability, and awarded Morin $9.8 million, which included $5 million in past/future pain and suffering, and $4.8 million in future medical care. The jury also made a finding of malice, oppression, or fraud against defendant National Seating, but because National Seating and plaintiff asserted a settlement agreement, the amount of punitive damages was never calculated or awarded. The jury determined unanimously that Sunrise Medical's conduct did not constitute malice, oppression, or fraud.

Other Information

Plaintiff and National Seating & Mobility entered into a settlement before the verdict. According to plaintiff, while the jury was deliberating, Morin and National Seating entered into a high-low settlement agreement by which National Seating waived its right to post-trial motions and appeals, and Morin waived punitive damages as against National Seating. Therefore, the jury did not proceed to the second phase of trial on punitive damages.