Facts

On Aug. 17, 2002, Richard Metcalfe II died while operating a Yamaha WaveRunner personal watercraft, after he collided with a boat, manufactured by Ultra and operated by Randall Baker. The accident occurred on the Colorado River, in Arizona, when Metcalfe turned his watercraft into the path of Baker's jet boat. Metcalfe died at the scene.

Plaintiffs brought this action against Yamaha based on strict liability in design, negligent design and general negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed that, upon seeing the jet boat, the decedent panicked, released the throttle, and then attempted to steer but could not avoid the collision. Their theory of the accident was that the Yamaha personal watercraft was improperly designed because it lacked a braking mechanism and/or an off throttle steering device, which would allow it to be steered after the release of the throttle.

DEFENDANT'S CONTENTIONS:
Yamaha contended that watercrafts's off-throttle steering is reasonably safe and that plaintiffs' alternative designs (such as brakes and rudders) were likely to cause, not prevent, accidents and injuries. Yamaha further contended that the accident was entirely the fault of the decedent for violating the local boating rules.

Specials in Evidence

At the time of his death, the decedent was operating two companies. Plaintiffs contended that, in the last 12 months of Metcalfe's life, he had earned $11 million and would have earned $18 million dollars during the year of his death. Plaintiff's expert opined that the decedent would have earned over $200 million over the course of his expected lifetime.

Damages

Plaintiffs sought actual economic damages of more than $200 million, in addition to other damages, including punitive damages.

Injuries

Metcalfe suffered massive head trauma, resulting in his death.

Result

Defense verdict.

Other Information

This was the second trial in this matter. The first trial resulted in a hung jury, after a three month trial and eight days of deliberations. This case involved more than 75 depositions, across three countries, and thousands of exhibits. FILING DATE: Aug. 15, 2003.

Deliberation

four hours

Poll

10-2 (design defect); 10-2 (negligent design); 11-1 (decedent's negligence being 100 percent)

Length

two months