Honda Liable in ATV Spill, But Punitives Thrown Out.

THE NATIONAL

LAW JOURNAL

Monday, July 10 1995

VERDICTS AND SETTLEMENTS

CASE TYPE:  products liability

CASE:  Barrera v. Honda R&D  Co. Ltd., C-3212-92F (Dist. Ct., Hidalgo Co., Texss)

PLAINTIFFS ATTORNEYS:  

Robert S. Bennett, of Houston's Bennett, Brooks, Baker & Lange L.L.P.

Joe E Garcia, of McAllen, Texas' Garcia & Ramirez

DEFENSE ATTORNEYS:

Richard McCarroll, of Austin, Texas' Brown McCaroll & Oaks Hartline;

Eduardo Rodriguez, of Brownsville, Texas' Rodriguez Colvin & Chaney

JURY VERDICT:

$13.4 million, reduced to $8.4 million

ON FEB 17, 1991, Alfredo Barrera, then 17 years old, was driving a 1984 Honda three-wheeled all terrain vehicle when he attempted to turn.  "He turned the handlebar to the right, but the bike kept going straight," said Janis Reeder, paralegal to plaintiff's counsel Robert S. Bennett.  "He went over a 5-foot-high levee," he said.  "he's now a paraplegic."

Mr. Barrera sued American Honda Motor Co. and three other Honda entities, charging the vehicle was defectively designed.  Honda denied the ATV was unsafe, but on May 12, an Edinburgh, Texas, jury ordered the defendants to pay $8.4 million in compensatories.  The jury added $5 million in punitives, but on May 26, Judge Mario E. Ramirez threw them out because the jury had not found gross negligence.  He added prejudgment interest and entered the verdict at $10.4 million.  An appeal is expected.