Benson

Benson v. Honda Motor Co.

Good Law
1994 Cal. App. LEXIS 757·26 Cal. App. 4th 1337·32 Cal. Rptr. 2d 322·94 Daily Journal DAR 10224·94 Cal. Daily Op. Serv. 5606
Court of Appeal of CaliforniaJuly 21, 1994B069842California3,432 words

Opinion

Opinion

Stone, J.

— Ethel and Walter Benson (the Bensons) appeal from the judgment entered after the jury rendered a special defense verdict in favor of Honda Motor Company, Ltd. et al. (Honda). We affirm.

Facts

While stopped at a red light, the Bensons’ 1984 Honda Accord sedan was struck in the rear by a significantly larger, full-sized 1978 GMC Jimmy pickup whose brakes had failed. The pickup struck the sedan at roughly 30 to 35 miles per hour causing the back of the front seat of the Accord to yield. Mr. Benson slid backwards into the rear seat where Mrs. Benson was sitting and caused her to sustain severe injuries to her face. Mr. Benson was essentially uninjured by the crash.

The Bensons’ original complaint alleged various defects of the Accord not argued at trial. Shortly before the original trial date of October 21, 1991, the Bensons successfully moved for leave to file their first amended complaint alleging both negligence and strict liability. In this amended complaint, the Bensons sought punitive damages.

The Bensons claimed, inter alla, that Honda’s management knew from crash tests that the Accord’s front seat back design was defective because it allowed the seat back to…

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