On December 14, 2003 Mr. Sukhsagar Pannu age 47, was driving his 1998 Land Rover Discovery on the 118 freeway when he was sideswipted by an Acura driven by a 16 year old. Mr. Lusis was seen speeding, weaving in and out of the car pool lane just before the accident. The impact caused the Discovery to cross several lanes of travel and impact a Blazer, then roll over 3 ½ times, causing extensive roof crush and spinal cord damage at the C6 level. We brought suit against Land Rover for defective design in roll over, roof strength resistance and failure to warn.

The defense contended the Discovery rolled over due to tripping on the curb and that roof crush does not matter since plaintiff dove to the roof causing his injuries. Further Mr. Lusis, licensed for two months caused the accident and the injuries, they further argued the only reason Land Rover is in this case is because Lusis is judgment proof and the name Land Rover is on the vehicle.

We waived jury and the next day the defense also opted for a bench trial. We had extensive stability testing done in Pennington, New Jersey to show 2 wheel lift with foreseeable accident avoidance maneuvers and introduced into evidence drop tests done to show roof defect, at a laboratory in Santa Barbara.

The Hon. Robert O’Brien ruled the Discovery I was defectively designed in roll over and roof crush resistance plus failure to warn, using both the Risk Benefit Analysis and the Consumer Expectation Test.

The amount awarded: $21,654,000.

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