$8 million verdict returned by Platte County, Missouri jury in Aaliyah George by next friend Sally J. George v. Johnson Controls, Inc. - 2011-01-01

Circuit Court of Platte County, Missouri, the Honorable Judge Abe Shafer presiding
On October 24, 2007 Margaret Steele picked up her daughter, Sally George, and her two year old granddaughter, Aaliyah George, from the Kansas City International Airport. Ms. Steele was driving her 1997, two door, Dodge Neon and all parties agree that Aaliyah was properly restrained in her car seat behind her grandmother.

Shortly after leaving the airport, Ms. Steele stopped at a red light. While sitting at the light, a Pontiac Sunfire driven by Mary Ellen Cunningham rear ended Ms. Steeles car. During the collision, Ms. Steeles seat broke and collapsed backwards, causing her head to be propelled into Aaliyahs head. As a result, Aaliyah suffered multiple skull fractures and a massive injury to her left frontal lobe. Aaliyah spent nearly a month in Childrens Mercy Hospital, where doctors worked to do everything they could to save her.

As a result of the accident, Aaliyah has permanent partial paralysis to the right side of her body. Aaliyah has almost no use of her right hand and arm and has limited use of her right leg. Additionally, Aaliyah suffered an injury to the nerve in her left eye, which prevents that eye from tracking with her right eye. Aaliyah's most significant injury however, is the permanent damage to her left frontal lobe in an area which controls her higher learning, speech and thought process. Aaliyah's treating physician, Dr. Walter Afield testified that Aaliyah will not progress cognitively much beyond that of an adolescent. Dr. Afield also testified that Aaliyah will never function as an independent adult and will require assistance for the rest of her life.

Plaintiff's expert Mr. Lou DAulerio testified that Ms. Steeles seat was defective in design. He explained that the design of the seat allowed a twisting of the seat back in a rear-end collision. Consequently, this twisting would allow the plates of the recliner to separate and cause the seat to collapse backwards into a rear seat occupant.

Mr. DAulerio testified that the seat should have been designed with dual recliners, which would have stopped the twisting of the seat and prevented the seat from collapsing.

Plaintiff's accident re-constructionist determined that the Sunfire was travelling at just under 30 mph. The defense accident re-constructionist disagreed and said the Sunfire was travelling at around 43 mph. Mr. DAulerio testified that a seat should not collapse at either speed.

Johnson Controls Incorporated (JCI), the seat designer and manufacturer, agreed that their own pre-production testing showed that the seat would fail just as it did in this collision.

JCI also agreed that their own testing showed that this seat would fail at around 8,800 pounds, nearly half the energy that would be created if the Sunfire were going only 25 mph.

Surprisingly, JCIs Corporate Representative and seat expert testified that he had no opinion on whether the seat was defective and that he doesnt design seats with rear occupants in mind.

JCI, through their website and media interviews purports to be a world leader in the design of safe automotive seats. Plaintiff presented evidence that in the mid-nineties the National Highway Traffic Safety Administration (NHSTA) contracted with JCI to do a study on how to design safer seats.

In stark contrast to this, JCI claimed to have no knowledge on crash tests and how a seat will react in a rear-end collision.

JCIs Corporate Representative claimed to have no knowledge of the NHTSA contract and in a shocking admission, testified that he doesnt know if a seat should hold up in a five mph rear-end collision.

Dr. Robert Asarnow, a PhD psychologist from UCLA testified for JCI regarding Aaliyahs injury. Dr. Asarnow claimed there was no data to support plaintiffs claim that Aaliyah would get worse over time. Dr. Asarnow was forced to admit on cross examination that in a study he published just last year, he reported that children with brain injuries not only fail to catch up to their peers, they get worse over time.

The trial began on July 19, 2010. It included testimony of 19 fact and expert witnesses. Following the week and a half trial and 6 hours of deliberation, the Platte County jury returned a verdict of $8 million in favor of Aaliyah George. This is believed to be the largest verdict against Johnson Controls, Inc. for a seatback failure case.

Sally George, Aaliyahs mother, is extremely happy with the result. Aaliyahs attorneys are also pleased with the verdict and thankful that Aaliyah will be able to receive the care she needs and deserves. "This is a great result for a wonderful family." said Adam Graves. Even Johnson Controls expert testified that Aaliyahs parents, Sally and Chris, were some of the best parents he has ever worked with.

Robert Langdon, Adam Graves and Phyllis Norman of Langdon & Emison represented the Plaintiff. Langdon & Emison are actively engaged in national trial practice. They have primary offices in historic Lexington, Missouri just east of Kansas City, Missouri. Langdon & Emison has a long history of multi-million dollar verdicts and settlements for their clients throughout the United States.

Further Inquiry: Robert L. Langdon, Langdon & Emison, 911 Main Street, Lexington, MO 64067; blangdon@langdonemison.com; Phone: (660) 259-6175; Fax: (660) 259-4571.