Roma man wins more than $13 million in ATV suit

THE MONITOR

WEDNESDAY, MAY 17, 1995

By JUAN ANTONIO RAMOS

EDINBURG – Honda must pay $13.4 million to a Roma man paralyzed in an all-terrain vehicle accident four years ago, a Hidalgo County jury had decided.

Alfredo Barrera was paralyzed from the waist down as a result of the Feb. 17, 1991 accident.

Barrera, 17 at the time, and a friend were riding a 984 Honda ATC 200S on an unpaved road when the vehicle went off the road way and over an embankment on a ranch in Mexico. Arturo Guerra broke two vertebrae and fractured a leg and a foot in the accident.

“I think they knew they had done something wrong.” Barrera said, referring to the three-wheel vehicle’s design.

The Hidalgo County jury ruled May 12 Honda should award Barrera $8.4 million in actual damages and $5 million in punitive damages and pre-judgment interest.

Honda will appeal the jury’s award, said Richard T. McCarroll of Austin, who represented Honda along with Eduardo Roberto Rodriguez of Brownsville.

“We have a venue point to appeal the case.” McCarroll said. “The accident happened in Mexico.”

The company will argue in appeals that Mexican law should have applied because the accident occurred in Mexico, McCarroll said. Mexican product-liability law is more favorable to defendants than Texas Law, he said.

McCarroll said the $5 million in punitive damages also is in dispute. The jury found no gross negligence by Honda, and therefore, no reason for punitive damages, he said.Garcia and Bennett presented evidence in the trial alleging the unsafe nature of the three-wheelers manufactured by Honda. Defense attorney argued Barrera caused the accident himself by driving too fast and carrying a passenger against the manufacturer’s warnings.“We’re very pleased with the jury’s result, but there’s a lot of work to be done.” Jose E. Garcia, one of Barrera’s lawyers, said at a press conference Tuesday. Robert S Bennett of Houston also represented Barrera.

The verdict was the largest one in the state of Texas against Honda’s three-wheelers, Bennett said. Juries awarded $9 million in a similar case in Rhode Island and about $15 million in Washington two years ago.

Garcia and Bennett say they hope the significant jury verdict will force the Japanese manufactures of Honda, Yamaha and Kawasaki to recall all three-wheeler vehicles.

“When they (manufacturers) make a decision like this, to put a dangerous product in the market, the only way you’re going to get them to do that (recall the product) is with a strong message.” Bennett said “And I think the jury did that.”

Garcia said frivolous lawsuits are a community consent, but a case like this has merit.

“A responsible manufacturer will take a defective product off the market,” he said. “But truth of the matter is that Honda will continue to run the risk,” of being sued.

McCarroll said he believes the jury’s award will enhance the Rio Grande Valley’s reputation for imposing large sum in verdicts against his companies

Three-wheelers were last sold in April 1988, after all manufacturers of three-wheelers and the Consumer Product Safety Commission signed a consent decree stopping their sale for 10 years or until the industry can develop performance and safety standards.

Garcia estimated there are still more than 2 million three-wheelers in the United States.

Barrera said he doesn’t expect any major changes in his life as a result of the jury decision.

“This could help me with future medical and education expenses, but I’m still the same person,” he said. Barrera, a successful artist, has won several regional and national art contests.

Alfredo’s father said their lives were also deeply affected by his son’s accident.

“I feel embarrassed and concerned because this (lawsuit) is something we have never done before,” Arcenio Barrera said, holding back tears. “We’re doing it for the future of my son.”

The Associated Press contributed to this report.