Courtroom Success: Paul D. Williams
IADC member Paul D. Williams of Day, Pitney, LLP represented the defendant manufacturer in this three week trial in Bowers v. Malibu Boats, Inc. et al. Mercury Marine was the manufacturer of a 1992 engine wiring harness installed on a MerCruiser engine in a Malibu boat owned by the thirty year old decedent. The Malibu boat was involved in a fatal collision when another boat hit it from the rear, resulting in the death of 2 individuals and seriously injuring 2 other individuals. The claim was that the engine wiring harness was defective and unreasonably dangerous. Specifically, Plaintiff claimed that a certain receptacle within the wiring harness, one of eight, was defective because it caused an intermittency in the target boat on the night of the accident causing both the lights and engine to stop working. The defect was attributed to excessive Polyvinyl Chloride ("PVC") insulating material that created a flap at the top of the receptacle at issue. Plaintiff alleged some of the PVC actually melted into the receptacle, creating an open circuit in the connection. The receptacle at issue was responsible for carrying the current for the lights and engine. It was agreed that there was excessive PVC that should not have been there. Moreover, the subject receptacle was discolored unlike the surrounding components and the defendant had no certain explanation for the condition.
The Plaintiff's case was adequately financed by settlements with the boat driver that hit the target boat, Malibu Boats, the manufacturer of the boat on which the wiring harness was installed, as well as Uniforce, the manufacturer of the other side of the harness which was plugged in to the engine wiring harness. This case was already tried once in 2004, at which time all other defendants settled out. The jury found Mercury 70% liable at the first trial. The verdict was appealed and the Supreme Court remanded the case for a new trial. Although evidence was limited as a result of the Court's ruling on various motions in limine, the evidence nevertheless inferred that the individuals on the boat were partying on the boat and turned the lights off intentionally on a dark night, preventing themselves from being seen by an on-coming boat. Notably, the boat was secured after the accident and the light switches were in the "off" position. Based upon the continued insistence of the survivors that the lights and engine failed spontaneously, the Plaintiff's expert examined the boat 6 months after the accident and found the alleged defect intermittency noting that when he lightly touched the wiring harness, the lights would go on and off and the engine would work. Defense experts did not have an opportunity to inspect the harness until 5 years after the accident but testing conducted in 2003, by which time the harness condition had deteriorated, still demonstrated the harness worked as designed.
Closing arguments were on February 10, 2009. The lowest settlement demand prior to trial was an offer of judgment for $5,000,000 filed in 1999. Plaintiff's counsel asked the jury to bring back $11,000,000. The jury returned its verdict in favor of Mercury Marine on Wednesday, February 11.
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