BIG DEALS, BIG SUITS

TEXAS LAWYER MAY 29,199

BARRERA, et al. v. HONDA MOTOR CO., et al: Honda suffered a rare loss in litigation over its three-wheel all-terrain vehicles May 12 when a Hidalgo County jury awarded $7.8 million in actual damages to a 21-year-old man who was in an accident.

Houston’s BENNETT, BROOKS, BAKER and LANGE and McAllen’s GARCIA & RAMIREZ won the jury verdict for Alfredo "Freddy" Barrera of Roma. The team was led by Bennett, Broocks name partner Robert S. 'Bob' Bennett.He was assisted by Bennett, Broocks associate Randy Reeves and Garcia & Ramirez name partner Jose E. Garcia.

After hearing 21 days of testimony, a jury in 332nd District judge Mario E. Ramirez Jr's court found the Honda three-wheeler was defective in its design. Barrera was 17 and a high school athlete when the accident left him a paraplegic.  He is an artist who has won many art contests in South Texas.

The jury awarded Barrera's parents $402,500 in actual damages. Barrera's cousin, Arturo Guerra Jr., who was riding behind Barrera on the vehicle and suffered broken legs and a cracked pelvis, was awarded $112,500. Guerra’s father received $1,000. Bennett said prejudgment interest should add $2.6 million to the award.

The jury also awarded the plaintiffs $5 million in punitive damaged, but that award is expect to be thrown out be Judge Ramirez because the jury found no gross negligence on the part of Honda, Bennett said. A judgment hearing was scheduled for May 26, after press time.

Bennett said that when Honda offered his clients $900,000 before trial, the company said it had won 22 similar cases in 1994.

Honda was represented by Richard McCarroll, a name partner in Austin’s BROWN McCARROLL &OAKS HARTLINE and Eduardo Roberto Rodriguez, a name partner in Brownsville’s RODRIGUES, COLVIN & CHANEY.

The verdict broke McCarroll’s string of wins defending Honda three-wheelers. He won defensive verdict in three previous cases and said a fourth was settled favorably.

McCarroll said Honda has several issues to raise on appeal, including venue. The accident occurred in Mexico, and Barrera lives in Starr County.

McCarroll said the only connection to Hidalgo County was that the man who allegedly owned the vehicle lived there. But McCarroll said the man has said he did not own the ATV at the time of the accident.

Ramirez also allowed evidence that has been excluded from other cases, including testimony about a consent decree signed by Honda and the Consumer Product Safety Commission in 1988 stopping the sale of all three-wheelers.

The plaintiffs called as a witness former CPSC Commissioner Stewart Statler, who warned the public in 1985 about the dangerousness and instability of the vehicles.

The defense called Honda’s design engineer, who said the vehicles were not defective.

-JANE ELLI0TT