$18.3 millionVerdict

$18.3 Million Verdict for Quadriplegic Musician After Ford Van Seat Failure in Rollover

Verdict · U.S. District Court, Northern District of California · 2009

Won by Thorsnes Bartolotta McGuire.

A federal jury awarded roughly $18.3 million to musician Dax Pierson after a defective seat restraint in a 2005 Ford passenger van separated during a rollover, driving his head into the roof and leaving him paralyzed from the chest down.

What happened

In February 2005, Dax Pierson was riding in a Ford passenger van with his electronic music group Subtle, en route to a European tour. The van struck black ice on an Iowa road and rolled into a ditch. During the rollover, Pierson's bench seat broke loose from the floor, launching him upward so that his head struck the vehicle's roof. He was 34 years old. The collision left him paralyzed from the chest down, with the loss of use of his legs and most of his arms.

Before the accident, Pierson had been an active vocalist, multi-instrumentalist, and producer. The injuries permanently ended his ability to perform or play instruments.

A plaintiff's team that included Kevin F. Quinn of Thorsnes Bartolotta McGuire, along with Daniel Dell'Osso of The Brandi Law Firm and James Doyle of Doyle Restrepo Harvin & Robbins, tried the case on a products-liability theory: that the van's seat restraint system was defectively designed, and that the seat's failure during the rollover directly caused Pierson's spinal injuries. Ford argued that the vehicle was not defective and attributed the seat displacement to an unlatched latch mechanism, placing fault on circumstances outside Ford's design.

After roughly two weeks of trial, the federal jury found Ford 100 percent liable. The award totaled about $18.3 million, allocated between medical expenses and lost earnings ($12.3 million) and pain and suffering ($6 million). The result was among the larger single-plaintiff personal-injury verdicts in California that year.

No post-verdict reduction has been identified in court records or press coverage.

Sources

This account is drawn from contemporaneous public reporting and the court record.

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