Victor Partaker v. Hyundai Motor America
Published: Mar. 19, 2021 | Result Date: Mar. 5, 2021 | Filing Date: Nov. 19, 2018 |Case number: 30-2018-01033589-CU-PL-CJC Verdict – Defense
Judge
Court
Orange County Superior Court
Attorneys
Plaintiff
Afnan N. Shukry
(MLG Attorneys at Law)
Jonathan A. Michaels
(MLG Attorneys at Law)
Chris Henderson
(MLG Attorneys at Law)
Defendant
Gary A. Wolensky
(Buchalter APC)
Michael A. Preciado
(Buchalter APC)
Colton F. Parks
(Buchalter APC)
Facts
Plaintiff Victor Partaker brought suit against Hyundai, claiming that his daughter's 2016 Hyundai Accent rental vehicle was defectively designed and manufactured. Partaker claimed that the Hyundai Accent stalled, leaving him stranded in the desert for several hours without food or water. Although he was able to return home safely, four days later Partaker was hospitalized with kidney failure and suffered multiple cardiac arrests, and was placed in a medically induced coma.
Contentions
PLAINTIFF'S CONTENTIONS: Partaker alleged that the stall in the Hyundai Accent led directly to his injuries based on a medical theory of heat exhaustion, which led to kidney failure, and ultimately to an alleged loss of quality of life and life expectancy.
At trial, Partaker offered the testimony of numerous retained experts, including an automotive mechanical expert, Thomas Lepper, meteorology expert, Henry DiCarlo (a KTLA 5 weatherman), and medical experts--Dr. Michelle Zeidler and Dr. Karl E. Steinberg. These experts offered opinions in support of Partaker's theory that the Hyundai Accent was defectively designed and manufactured primarily because it underwent 10 stalls and four repairs in a 4-month period. Partaker further alleged that this defect resulted in the subject stall that he complained of. In support of his medical causation theory--that heat exhaustion led to his kidney failure four days later--Dr. Zeidler opined that Partaker was exposed to extreme heat sufficient to result in heat exhaustion for someone of his age and health condition, and which in turn caused his kidneys to fail.
DEFENDANT'S CONTENTIONS: Hyundai argued that the stalling incident had nothing to do with the causation of Partaker's injuries.
At trial, Hyundai offered the testimony of medical expert Dr. James Lineback, and automotive electrical engineer, Thomas G. Livernois, Ph.D., P.E. At trial, Dr. Lineback explained Partaker's complex medical physiology, including how his many pre-existing conditions combined to result in an unfortunate infection that was the cause of his alleged injuries. In addition, Dr. Livernois offered testimony clarifying that the subject Hyundai Accent was without a defect either of design or manufacture. Rather, based on a review of the vehicle's design and repair history, Livernois testified that the Accent was properly designed, manufactured, and all repairs were necessary and proper.
Damages
Partaker sought an award of $15.4 million in non-economic damages at trial.
Result
The jury rendered a defense verdict and found in favor Hyundai.
Deliberation
1.5 days
Length
three weeks
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