San Diego, California – June 28, 2017. In June, Carlsbad attorneys Golnar Fozi and Jeremy Dwork obtained a jury verdict in favor of their client, Toby Morin, for $9,800,000 against a wheelchair manufacturer and its dealer. The case arose from allegations that Sunrise Medical (US) LLC and National Seating & Mobility, Inc. designed, manufactured and sold a defective Quickie Q7 wheelchair, and thereafter sold and installed defective replacement parts for the wheelchair. At trial, Sunrise was represented by Morris Polich & Purdy, LLP, and National was represented by Daley & Heft, LLP.
In the summer of 2014, metal bolts installed in the seating area of Mr. Morin’s wheelchair punctured his upper thigh. A month later, components of his wheelchair seat catastrophically failed, aggravating the earlier wound and forcing Mr. Morin from the wheelchair in the middle of the night. At trial, plaintiff introduced evidence that a combination of defective design, defective manufacturing, negligent training and installation, as well as a failure to warn, caused Mr. Morin’s severe physical and mental injuries.
Since the filing of the lawsuit, defendants denied liability and contended plaintiff suffered no injuries relating to his wheelchair. Indeed, despite evidence that Mr. Morin’s injuries were life-long and required nearly $5,000,000 in future care, Sunrise issued a pre-trial offer for $100,000 and National issued its own for $350,000. At the conclusion of a four-week trial, the jury found Sunrise and National liable on all causes of action and awarded Mr. Morin $5,000,000 for pain and suffering, and $4,800,000 for future medical care. The jury also found National acted with malice, oppression or fraud.
The verdict has been reported as the 5th highest products liability verdict and 17th highest personal injury verdict in California in 2017. The case has also been a Featured Verdict for ALM publications and reported nationally among other products liability trial results.
Additional information about the verdict can be found at: Morin – Jury Verdict Alert
For more information on how the attorneys at Fozi Dwork & Modafferi, LLP can help you, your business or organization, please do not hesitate to call (760) 444-0039.