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Pair Awarded $9.7 Million in Explosion of Car Battery

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Times Staff Writer

A Superior Court jury awarded a Redding couple $9.7 million after determining that a battery manufacturer knowingly distributed defective batteries, one of which exploded when the husband tried to help a La Jolla couple jump-start their car.

The jury, which deliberated three days, awarded general damages of $3.2 million Thursday and punitive damages of $6.5 million Friday to Gary and Mona Jones after finding that Johnson Controls, manufacturer of the Die-Hard battery, and Sears Roebuck & Co., its distributor, failed to warn customers of the potential hazards of the battery.

The battery exploded in the 1986 incident when the corrosion from sulfuric acid was cleaned from the side terminal, allowing hydrogen gas to leak from the seal of the terminal. When the electrical connection was made, it caused the battery to blow up, explained Harvey R. Levine, attorney for the couple.

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Injuries Suffered

Gary Jones lost an eye in the blast and also suffered brain damage that causes him to lapse into occasional seizures.

Outside the courtroom, the defense attorney, David C. Haber, said that the amount is “higher than expected” and “pretty unusual” for a battery explosion case. He said there are a thousand lawsuits pending on battery explosions involving the company that manufactures the Die-Hard. Haber said the defendants will appeal the decision.

But, Levine said: “This jury wanted to send a message. It’s not the money, but the impact that it will have to prevent these grievous injuries from occurring.”

During the trial, Levine produced an internal report by Johnson Controls that concluded that some of the batteries had manufacturing errors including the type that led to the explosion.

But Haber maintained that the battery is manufactured in proper working order. “An explosion will occur if the battery is broken or abused, and it was broken in this case,” he said.

After the trial, juror Mary Bates said, “We’ve tried our hardest. I hope something will be done” about the batteries.

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Fellow juror Don Donovan said of the award: “I most certainly feel very happy.”

After the verdict, Mona Jones cried as jurors congratulated her. Her husband was absent from the courtroom.

“I hope they realize how serious a problem this is. No amount of money can change the damage, but maybe it will keep it from happening to some other people,” Jones said.

“I want the message to be that they can’t do this anymore,” she added. “They can’t go around saying there’s no problem. They should recall the batteries and warn people of this danger.”

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