Howry, Breen & Herman, LLP Wins $15.8-Million Product Liability Verdict Against Textron, Inc. dba E-Z-GO
Buda Woman Paralyzed Due to Defectively Designed Kick-Off Brake System in E-Z-GO Workhouse Utility Vehicle
AUSTIN, Texas, April 1, 2016 /PRNewswire/ -- On March 31, 2016, Howry, Breen & Herman, LLP secured a record-setting $15.8-million product liability verdict against Fortune 500 company, Textron, Inc. dba E-Z-GO in a federal court in Austin, Texas. A unanimous jury found the kick-off brake system in an E-Z-GO Workhorse Utility Vehicle was defectively designed and unreasonably dangerous—and that the defect was the producing cause of devastating injuries to Gini Nester, a wife and mother of two daughters.
In 2011, Nester became paralyzed when the family's Workhorse started and took off with no one in it after a bag of cattle feed tipped over onto the accelerator while on the family ranch in Buda, starting the vehicle and kicking off the parking brake she had set. According to court records, Textron knew about the potential runaway danger before the design of the vehicle in 1998 but took no action to change the design. The 1,000-pound vehicle—which is basically a golf cart with a dump bed on the back—ran over Nester, breaking her neck and rendering her a quadriplegic.
A substantially similar accident happened within two weeks of Nester being paralyzed when a runaway E-Z-GO struck people standing in AT&T Stadium (formerly Cowboys Stadium) following a high school football championship. It was captured on video and has been viewed millions of times on YouTube.
"We are so grateful to the jury for holding E-Z-GO accountable for the needless danger it exposed Mrs. Nester to and the damage it caused to her and to the entire family," Sean Breen, lead attorney and partner in Howry, Breen & Herman, LLP, said. "This was truly a David vs. Goliath victory, and it shows multi-billion dollar companies are not above the power and accountability of a jury. We hope Textron/E-Z-GO gets the message and fixes this before any other person is hurt. That's what the Nester Family really wants."
Howry, Breen & Herman LLP
Howry, Breen & Herman LLP was formed in 1995 with the simple mission of obtaining successful results for clients through aggressive legal action. The firm pursues litigation efforts for businesses and individuals, defendants and plaintiffs, focusing on efficient, effective trial preparation and implementation, ultimately achieving successful results without extensive overhead. As a trial firm, its attorneys understand the intricacies of the court system and how to prepare to be in front of judges and juries. Its lawyers' experience and access to resources increases the chances of a favorable outcome for its clients, and the firm will never pressure a client to settle simply to avoid a trial. The firm understands that no one wants a lengthy and/or unnecessary court battle, so its lawyers work as true partners with clients to determine the best strategy and optimum solution. For more information, visit HowryBreen.com.
Media Contacts:
Katherine Arnold or Erin Ochoa
Elizabeth Christian Public Relations
(512) 472-9599
SOURCE Howry, Breen & Herman, LLP
Share this article