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Court Upholds $18.6 Million Verdict in Roof-Crush Case
April 7, 2005
The Nebraska Supreme Court upheld an $18.6 million verdict for the victim of a roof-crush accident involving a 1996 Chevrolet S-10 Blazer.
In 1997, Kenneth Long lost control of his Blazer and rolled over four times. Penny Shipler, a passenger in the vehicle, suffered severe injuries, which left her quadriplegic.
Shipler filed a lawsuit against GM and Long, claiming that the roof of the Blazer was defective and had crushed inward, directly resulting in her injury.
She also claimed GM acted negligently for failing to use reasonable care when designing the roof or failing to give a sufficient warning of the possible hazards.
Shipler alleged that the automaker be held strictly liable because the roof defect was present when the vehicle left GM possession, therefore making the Blazer unreasonably dangerous.
During the trial, GM blamed the accident on Long and Shipler, arguing that they had been drinking and driving. However, the judge barred the evidence as inappropriate in a crashworthiness case.
Shipler and Long were awarded $18.6 million for the damages suffered, but GM appealed the process claiming the jury was not adequately instructed of the verdict process and improperly denied the fourth verdict form. GM believed the jury should have been given a fourth possible verdict, which would allow them to find neither defendant liable.
The court rejected GM's appeal claiming a fourth verdict was improper.
"There were only three verdict forms that the jury could properly consider," said the high court. "Long admitted liability, and the parties stipulated that his operation of the Blazer caused the accident.
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