A judge in Morris County, New Jersey recently increased a $100,000 pain and suffering award to $1 million in a product liability lawsuit against Yamaha Motors Company, the manufacturer of the snowmobile involved in the plaintiff’s accident. The case is unusual because judges are far more likely to reduce an award (called remittitur) than adjust them upwards (called additur).
Dennis Mohr lost a leg in 2005 when a 1995 Yamaha snowmobile’s tracks came loose and lodged in Moh’r leg. Mohr was revving the engine while his friends lifted up the rear of the snowmobile when the accident occurred. The men were attempting to reduce the carbon buildup on the spark plugs, apparently a common practice amongst snowmobile riders.
Mohr’s attorney argued that the snowmobile was defectively designed, that engine should have had an automatic shut down when the rear end was lifted. He also argued that there should have been a prominent warning label against lifting the back of the vehicle while the engine was running. The jury agreed that the snowmobile should have featured a warning, but did not find that the Yamaha snowmobile suffered from a design flaw.
Before the accident, Mohr worked as a heavy-equipment operator, but has not been able to work since his accident. He collects disability benefits and has to take morphine on a daily basis to deal with pain in his phantom limb.
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