Products Liability Law Reporter

Francis Amagasu, a master woodworker, attempted to maneuver around another vehicle in his Mitsubishi 3000 GT. Amagasu’s car rolled over, and he suffered injuries that resulted in quadriplegia. Now 58, he lives in a rehabilitation facility and has had to re-learn to speak.

Amagasu and his wife sued Mitsubishi Motors North America, Inc., alleging failure to warn and strict liability for a defective product. The plaintiffs asserted that the Mitsubishi seat belt’s so-called “rip stitch” design allowed the seat belt to intentionally tear apart in the collision, allowing Amagasu’s head to strike the car’s roof, resulting in a broken neck.

The jury awarded approximately $977 million, including $800 million in punitive damages and $20 million for loss of consortium.

Citation: Amagasu v. Fred Beans Family of Dealerships, No. 1811-02406 (Pa. Ct. Com. Pl. Phila. Cnty. Oct. 31, 2023).

Plaintiff counsel: Wesley Ball and AAJ member Kyle Farrar, both of Houston; and AAJ members Daniel J. Sherry, Fredric S. Eisenberg, Nancy J. Winkler, and Jessica A. Colliver, all of Philadelphia.

Comment: In Morton v. Audi of Am., LLC, 2024 WL 266511 (N.D. Ga. Jan. 24, 2024), Douglas Grant Morton was rear-ended by a truck while driving a 2020 Audi A6. Although Morton was wearing his seat belt, the driver-side head restraint broke and failed to contain him during the collision. As a result, his head and body moved back over the seat, resulting in paralysis from the chest down. Morton sued Audi of America, LLC, Volkswagen Group of America, Inc., dealership Asbury Automotive Group, Inc., and others, alleging the Audi’s defective driver seat occupant restraint system and head restraint proximately caused his injuries. Volkswagen Group of America moved to transfer venue, and the plaintiff moved to remand the case to Georgia state court. The district court denied the plaintiff’s motion to remand and granted Volkswagen’s motion to transfer venue, finding that Asbury Automotive had been fraudulently joined.