One day before a Mississippi jury cleared motorcycle-maker Suzuki of liability over claims that a defective brake injured a rider, another set of plaintiffs were at the Georgia Court of Appeals fighting to preserve a $12.5 million judgment in a similar Suzuki lawsuit.
Varner argued that “a series of well-meaning but mistaken rulings” by Douglas County State Court Judge W. O’Neal Dettmering should void the February verdict that awarded $12.5 million to Adrian Johns and his wife for injuries he suffered over the claimed failure of the GSX-R series front brake assembly that Suzuki recalled.
“In the hospital before going into surgery, he did raise his right hand (which operates the front brake) and mumble ‘front brake, front brake,’ but that was excluded as hearsay,” Edwards said. “So, unlike Adrian Johns, he was unable to testify that he applied the brakes and the front brake failed.”
Edwards also said there was “overwhelming evidence” in the Johns case to support claims for product liability, negligent failure to warn and “inexcusable delays” in announcing the recall, which Suzuki allegedly announced several months after deciding it was necessary in order not to impact the summertime peak motorcycle buying season.
Johns’ wreck happened two months before Suzuki’s recall in October 2013.
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Additional background here.