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Trial Result Summary; Molly Ingvaldson v. Mitsubishi Motors Corp., Mitsubishi Motor Sales of America, Inc. and Metro Mitsubishi

MINNEAPOLIS--June 1, 2004--

  State of Wisconsin, Circuit Court, Milwaukee County Case No.:02-CV-000670  



On May 18, 2004, after a trial lasting just over two weeks, a Milwaukee, WI jury returned a unanimous verdict in favor of Mitsubishi in the first products liability "rollover" case to be tried involving Mitsubishi's popular "Montero" SUV.

On March 5, 1999, 47-year-old Minneapolis attorney Eric W. Ingvaldson was driving his son to Madison, WI for a college visit in his 1995 Mitsubishi Montero, when, about 2:00 a.m., along a straight stretch of east-bound Interstate 90/94, he left the road at about 60 mph and drove into the median, rotating counter-clockwise, and rolled ending upside-down in the west-bound lane. Both the driver and the front seat passenger were wearing seat belts. The driver's side of the roof sustained multiple heavy impacts in the violent 3 1/2-roll accident. The driver died at the scene; the passenger also sustained head impact injuries, but was able to walk away from the accident and fully recovered.

In a products liability "wrongful death" lawsuit against Mitsubishi, plaintiff Molly Ingvaldson, wife of the deceased driver, alleged the roof "collapsed into the occupant's space, causing severe injuries to (the driver)." Plaintiff claimed the driver sustained his fatal injury from impact to his head from the interior roof rail--the part of the roof just above the driver side door. The lawsuit alleged the Montero roof lacked sufficient strength and interior padding and Mitsubishi was negligent in its design and testing of the Montero. Plaintiff also argued, in support of the claim roofs should be stronger, SUVs like the Montero have a problem with frequency of "rollovers" compared to passenger cars.

Mitsubishi countered with evidence the Montero is the product of extensive safety testing and design evolution and is a well-designed, safe vehicle. Test documents showed the strength of the Montero roof exceeds the requirements of Federal Motor Vehicle Safety Standards by a large margin--so much so that the front corner of its roof can support five tons of force with only minor deformation. Moreover, Mitsubishi's injury analysis indicated the driver did not sustain injury from contact with the interior roof, but rather from ground contact when his head extended out a side window.

Plaintiff's counsel asked the jury for a multi-million dollar damage award.

Mitsubishi was represented by David R. Kelly and Kevin P. Curry, Bowman and Brooke LLP, Minneapolis. Plaintiff was represented by James J. Murphy and Thadd J. Llaurado, Murphy, Gillick, Wicht & Prachthauser, Milwaukee.