Mistrial Declared in Isuzu Liability Case

A Ventura County judge declared a mistrial and set aside a $5.4-million award won by a Santa Paula woman who suffered extensive injuries when the Isuzu sport-utility vehicle she was riding in rolled over.

Superior Court Judge John J. Hunter agreed with Isuzu Motors that jurors in the case had delivered a verdict that is inconsistent with law, said Isuzu attorney Mark Berry.

Jurors deadlocked on the issue of whether there was a design defect, Berry said. Over Isuzu’s objection, they were allowed to answer a separate question as to whether the vehicle manufacturer was negligent in testing its Rodeo model, he said.

On March 5, the jury rendered its verdict against Isuzu while Hunter was out of town. Isuzu attorneys filed a motion for mistrial, arguing that negligent testing is not a legal claim in California. On Tuesday, Hunter agreed, ruling in favor of the defendant and setting aside the verdict, Berry said.

Isuzu is gratified with the judge’s decision, Berry said.

“If a product is not defective, the issue of whether it was tested adequately is irrelevant,” he said.

Bruce Broillet, attorney for plaintiff Irene Gutierrez, was not available for comment Thursday. But Broillet has said he intends to seek a writ from the Court of Appeal that would enter the jury’s unanimous verdict, Berry said.

Hunter set a May 7 hearing to discuss a new trial date.

Gutierrez, now 23, was one of four passengers in the Rodeo when it rolled over as the driver attempted to change lanes while traveling west on California 126.

She was the most seriously injured in the March 1996 accident, crushing a leg and injuring her head.

Her leg was amputated below the knee, and she suffers from memory loss and impaired judgment, her attorneys have said.

Driver Richard Soliz, who was traveling at 65 mph, previously settled with Gutierrez and was dismissed as a defendant in the civil suit.

Although the award was $5.4 million, the jury found Soliz 55% responsible for the accident. That reduced Isuzu’s portion to $3.7 million, Berry said.