Products Liability Law Reporter
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Failure to warn of Suzuki motorcycle brake defects
October/November 2024Scott Winckler was driving a 2007 Suzuki GSX-R1000 motorcycle owned by his friend. As Winckler was approaching an intersection, an SUV coming from the opposite direction allegedly began making a left turn in front of him. Winckler crashed into the SUV and suffered paralyzing injuries.
He sued Suzuki Motor Corp., alleging strict liability design and manufacturing defects and failure to warn. The plaintiff asserted that the crash resulted from a malfunction of the motorcycle’s front brake, which did not work properly when he attempted to avoid the collision. The plaintiff asserted that the front brake master cylinder was defective because its brake piston was made of zinc, which was susceptible to corrosion. The corrosion of the brake piston would generate hydrogen gas inside the brake system, the plaintiff claimed, and this hydrogen gas would, in turn, accumulate inside the master cylinder.
The first trial ended in a mistrial. A second trial resulted in a defense verdict on the plaintiff’s strict liability design defect claim, but the jury did not reach a verdict on the plaintiff’s negligent failure-to-warn claim.
After a third trial, a jury awarded approximately $30 million, finding that Suzuki had failed to warn about the particular risks of the motorcycle’s front brake master cylinder. The jury, which awarded $600,000 for past medical expenses, apportioned liability at 65% to Suzuki Motor Corp., 17% to Winckler; and 18% to the SUV driver. The court denied the defense’s renewed motion for directed verdict or motion for new trial.
Citation: Winckler v. Suzuki Motor Corp., No. 16-2014-CA-004130 (Fla. Cir. Ct. Duval Cnty. June 24, 2024).
Plaintiff counsel: AAJ member T. Michael Morgan, Harris I. Yegelwel, AAJ member Keith R. Mitnik, AAJ member Maegen Peek Luka, and AAJ member Andrew P. Felix, all of Orlando, Fla.; Jeffrey R. Bankston and Caitlin E. O’Donnell, both of Jacksonville, Fla.; Joshua D. Moore, DeBary, Fla.; AAJ member Celene Harrell Humphries, Spring City, Tenn.; Shea T. Moxon, Tampa; and Kathryn Barnett, Nashville, Tenn.
