Judge Increases Girl’s Damages by $6 Million
A Van Nuys Superior Court judge Monday increased by more than $6 million the amount of damages that a Missouri firm must pay an 8-year-old Canyon Country girl who was severely injured when she fell out a “suicide door” on a Jeep.
Hemco Inc. of Independence, Mo., which manufactured the door that opened from front to rear, was ordered to pay a total of $25.6 million to Nichole Fortman. She had been awarded $19.2 million last Wednesday after a three-week jury trial.
The jury in the product liability case found that the door design was defective. The girl, who was 3 at the time of the accident, is permanently paralyzed below the waist and will never achieve a mental level greater than that of a 5-year-old, according to trial testimony.
Judge Reverses Himself
The award increase came when Judge G. Keith Wisot reversed himself on a pretrial ruling concerning the application of Proposition 51, the “deep pockets” initiative approved by voters in June.
Before the trial began, Wisot ruled that the initiative, which limits certain damages, should apply retroactively to the 1981 accident. While the trial was in progress, however, a state Court of Appeal ruled that the measure applies only to lawsuits arising from incidents that occurred after the June 3, 1986, election.
Wisot, saying he was bound by the appellate ruling, increased the jury award Monday to $21.8 million.
Back Interest Payments
In addition, the law allows for back interest payments at a rate set by law if a defendant rejects an offer to settle out of court and a jury later awards more than the proposed settlement. In this case, Hemco rejected a settlement of $1 million in January, 1985.
The 10% annual interest since the date of the proposed settlement totals about $3.8 million, bringing the final award to $25.6 million.
An attorney for Hemco said the company will appeal the verdict. The method of payment will not be determined until the appeals are exhausted, which could take two years, attorneys in the case said.
