In the old days Suzuki had a well-earned reputation for contesting — and winning — court cases involving “quads” since they were named in ATV cases even when they were not the manufacturer! It was a matter of precedent being established and as “the first on 4 wheels” Suzuki was frequently hauled into court on suspect claims.
Shades of the old days as Suzuki prevails in court again. On April 8, in a unanimous decision, the California Court of Appeal reversed a jury verdict that had awarded the plaintiff both compensatory and punitive damages.
The plaintiff was involved in a crash he alleged was caused by front brake failure on his Suzuki GSX-R600. The Court didn’t see it that way and remanded the case for a new trial. The California Court of Appeal excluded punitive damages from the new trial and ordered the plaintiff to reimburse Suzuki for its appellate costs.
The California Court of Appeal found that the trial court erred by excluding critical evidence from the investigating officer, who reported that the brakes “locked up” after the crash – a condition inconsistent with the recall cited by the plaintiff.
Suzuki is pleased with the decision and agrees with the Court of Appeal that the trial court should have admitted evidence rebutting Plaintiff’s claims. While sympathizing with anyone injured in an accident, Suzuki maintains that Plaintiff’s claims lack merit and looks forward to a retrial consistent with the appellate court’s ruling.
Appellate counsel for Suzuki was Lisa Perrochet, John A. Taylor, Jr. and Curt Cutting of Horvitz & Levy LLP. Trial counsel were Randy Riggs and Jeff Mortier of FBT Gibbons (formerly Frost Brown Todd), Jordan Tabak of Bowman and Brooke and Kat Carrington of Burr & Forman.
Plaintiff’s appellate counsel was Benjamin Siminou of Singleton Schreiber; trial counsel were Gabe Houston of Gordon & Partners and Robert T. Simon, Travis Davis and Tom Feher of The Simon Law Group.
