Judge Voids Verdict in Rollover Lawsuit

A judge has set aside a $5.4-million verdict won by a Santa Paula woman who suffered extensive injuries when the Isuzu sport utility vehicle she was riding in rolled over.

Declaring a mistrial, Ventura County Superior Court Judge John J. Hunter agreed with defendant Isuzu Motors that jurors in the case had delivered a verdict that is inconsistent with the 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 auto maker was negligent in testing its Isuzu Rodeo, he said.

On March 5, the jury rendered its verdict against Isuzu while Judge Hunter was out of town. Isuzu attorneys filed a motion for a 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.

Although Bruce Broillet, attorney for plaintiff Irene Gutierrez, could not be reached for comment, he has said he intends to seek a writ from the Court of Appeal that would enter the jury’s unanimous verdict, according to Berry.

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

Gutierrez, now 23, was one of four passengers in the Rodeo when it rolled over as the driver tried to change lanes while traveling west on the Santa Paula Freeway in March 1996. One of her legs was crushed and she suffered brain damage. 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 65 mph, previously settled with Gutierrez and was dismissed as a defendant in the civil suit.

Although the jury’s verdict called for damages of $5.4 million, the jurors found Soliz 55% responsible for the wreck. That reduced Isuzu’s portion to $3.7 million, Berry said.