Judge Rejects Malibu; Awards $21 Million in Roof Crush Case
Reprinted from The Safety Record, Volume 6, Issue 3, June / July 2009
LOS ANGELES, CA – A Superior Court judge has dismissed Jaguar Land Rover’s claim that the paralyzing injuries sustained by a Simi Valley man were caused by his diving into the roof during a rollover, and awarded him $21.1 million in damages.
Sukhasagar Pannu, 53, a former member of the Hong Kong national field hockey team, was rendered a quadriplegic in the 2003 crash. Pannu was sideswiped by a 16-year-old driver on the 118 freeway, and lost control as he attempted to avoid a collision. Pannu’s Land Rover Discovery vehicle rolled several times. As a result of a spinal cord injury, Pannu permanently lost control of his arms and legs. He now lives with his parents and three children, who provide for his care.
L.A. Superior Court Judge Robert H. O’Brien issued the verdict on May 18 after a bench trial. Garo Mardirossian, the L.A. attorney who represented Pannu, said that both sides opted for a bench trial after receiving rulings on various motions that each side perceived as favorable.
“This case had very sympathetic plaintiff and a pretty good fact pattern. (Pannu) was fault- free,” Madirossian said. “Still, we were very, very concerned until the verdict came in that we would be second-guessed all over the country.”
Land Rover whipped out the tired –but-lately-not-so-true defense that collapsing vehicle roofs don’t kill people – people kill themselves when they fling their heads into the roofs. This theory was lent credence by GM tests in 1985. O’Brien found that the rollover – and Pannu’s injuries – were more likely the result on a vehicle with a high center of gravity and a weak roof. In his written opinion, the judge dismissed the diving defense:
“Finally, the almost complete roof crush of plaintiff’s vehicle occurring in such split second timing leads a reasonable person to immediately assume that the roof came crushing down on plaintiff’s head as it rolled over, causing his head to flex forward and breaking his neck. The hard evidence compels the conclusion that the roof crushed downward such that no driver occupant could survive.”
“He was a very, very bright judge,” said Madirossian.
The Indian auto manufacturer Tata Motors acquired Jaguar Land Rover from Ford Motor Company in 2008. Warren Platt, the defense attorney who represented Jaguar Land Rover said that company planned to appeal.