Trial Magazine

Edward Vanderventer, a 62-year-old retiree, was driving a 2013 Hyundai Elantra when another vehicle rear-ended him as he prepared to turn into a driveway. He suffered spinal injuries at T6 that resulted in paraplegia. His past medical expenses were $2.79 million.

Vanderventer and his wife sued Hyundai Motor Co. and Hyundai Motor America, alleging the Elantra’s seat back was defectively designed in that its weak structure allowed the head restraint posts and guides to deform toward Vanderventer’s back when he contacted the seat back and head restraint during the collision. The plaintiffs argued that predecessor and successor Elantra seat designs used a more robust seat back structure that would have prevented Vanderventer’s injuries. Additionally, the plaintiffs asserted that to save money, the defendants eliminated the active head restraint in the 2013 Elantra.

The plaintiffs also alleged that the defendants negligently failed to properly test the 2013 Elantra seats. Specifically, suit claimed that the defense failed to perform testing with occupants seated in the front and rear seats simultaneously and failed to perform a design failure mode and effects analysis—a recognized design tool used by automobile manufacturers since the 1970s.

The defense argued that Vanderventer’s injuries resulted from the rear-end collision and that he had a degenerative spinal condition that led to his paralysis.

The jury awarded more than $38.16 million, finding that 84% of Vanderventer’s injuries resulted from the defendants’ seat design and negligence and 16% of his injuries were attributable to the impact of the collision.

Citation: Vanderventer v. Hyundai Motor Am., No. 2016CV001096 (Wis. Cir. Ct. Racine Cty. Feb. 12, 2020).

Plaintiff counsel: AAJ members Timothy Trecek, Jesse Blocher, and Elissa Bowlin, all of Milwaukee.

Plaintiff experts: Kenneth Saczalski, biomechanics and seat design, Laguna Beach, Calif.; Paul Erdtman, accident reconstruction, Madison, Wis.; Shekar Kurpad, neurosurgery, Milwaukee; Michele Albers, life care planning, Phoenix; Karl Egge, economics, St. Paul, Minn.; and Jacob Clearfield, rehabilitation, Racine, Wis.

Defense experts: David Viano, biomechanics and seat design, Bloomfield Hills, Mich.; Thomas McNish, causation, San Antonio; Robert Lange, automotive engineering, Menlo Park, Calif.; Michael Klima, accident reconstruction, Novi, Mich.; and Joseph Entwisle, life care planning, Bagley, Wis.