Facts

Plaintiff James Zhao, 19-months, was standing in the driveway next to his family's 1998 Nissan Quest. His brother, 5-year-old William, climbed in the driver's side door and accidentally knocked the gear shift out of park. The van rolled back, and the open driver's side door knocked James to the ground. The van came to a stop with the front tire just inches from James' head. James, William and their parents sued Smart Nissan for negligent repairs or for selling a defectively designed product. The plaintiffs also sued Nissan North America for selling a defectively designed product.

PLAINTIFF'S CONTENTIONS:
At the time the plaintiffs purchased the van in 1998, they received a written representation that the gearshift would not come out of park if the key was not in the ignition. Less than a year after buying the van, the family brought the van back for repairs. The steering column was repaired, which required disconnecting then re-connecting the key interlock. The key interlock is what keeps the gearshift from coming out of park when they key is not in the ignition. The plaintiffs claimed that either the key interlock was improperly re-connected or that it was defectively designed. The plaintiffs also suggested the service manual was confusing and caused the mechanic to improperly repair the key interlock.

DEFENDANT'S CONTENTIONS:
The defendants claimed the repairs were done properly and suggested the problem must have occurred during the four years between the service and the accident. They also contended that the service manual was adequate. They argued that the parents were negligent in not setting the parking brake, leaving the door open and not supervising their children. They denied the van needed replacing or that the mother's emotional distress was related to the accident.

Specials in Evidence

James' hospital bills were $416,989 and William's psychological counseling bills were $3,240.

Damages

The mother sought $2,715 for baby-sitting costs incurred while she remained with James at the hospital. The father sought replacement of the defective van.

Injuries

James fractured his collar bone, and sustained separated rib cartilage and abrasions. He spent one night in pediatric intensive care and one day under observation. He has made a full recovery. William ran away right after the accident, thinking he killed his brother. He was later found by neighbors. Both parents claimed emotional distress.

Result

The jury found Smart Nissan liable for negligent repair and awarded $272,954.

Other Information

Nissan North America settled, without admitting any wrong doing, for $25,000. The mother's counseling costs were not allowed into evidence.

Deliberation

one day

Length

eight days