Dallas County Jury Awards $243,236,248 in Product Liability Case

On September 25, 2016, a vehicle carrying a driver, a front-seat passenger, and two child rear-seat passengers was stopped in traffic on State Highway 75 in Dallas County when it was rear-ended. The two child passengers sustained severe traumatic brain injuries. The family sued the striking vehicle's driver for negligence and the manufacturer of their vehicle, Toyota Motor Sales U.S.A. Inc. and Toyota Motor Corp., alleging the 2002 Lexus ES 300 was defectively designed and marketed, and claiming gross negligence. Certain initial defendants were nonsuited.

Plaintiffs contended the Lexus's front seats were defectively designed to yield rearward in collisions, causing front occupants to "ramp" into the rear passenger compartment and collide with the children. Expert testimony supported this theory, asserting the children's injuries stemmed from impact with their parents, not direct intrusion. Plaintiffs also argued the striking driver failed to maintain a proper lookout and control speed.

The manufacturer denied the defect claims, asserting its restraint system was safe and injuries resulted from the collision's severity and intrusion, not seat design. They also argued child restraints were improperly installed. The striking driver claimed defective seats exacerbated injuries, making his comparative responsibility minimal, and that the collision was unavoidable due to a sudden emergency.

After a three-week trial, a jury found the striking driver negligent and the manufacturer liable for design defect, marketing defect, producing cause, and gross negligence. The jury apportioned 90 percent liability to Toyota Motor Corp., 5 percent to Toyota Motor Sales U.S.A. Inc., and 5 percent to the striking driver. The plaintiffs were awarded $242,100,000, totaling $243,236,248.71 with stipulated past medical expenses, for the children's permanent injuries and long-term care needs.