$35 Million Jury Verdict Stuns Custom Car Industry

7 July 2000

Young Music Man Brain Damaged When Seat Belts in Converted Van Fail

    LOS ANGELES - The custom car capital of the world received a wake-up call today as an unprecedented $35 million jury trial judgement was entered against defendant Auranco/Coachman Industries, a manufacturer of custom seat belt conversion packages.

    According to the lawsuit, on Oct. 29, 1994, a vehicle driven by an intoxicated driver, Daniel Winer, crossed over the center line of Forest Lawn Drive, striking a converted Dodge Caravan driven by John Borgia, now age 25. The van had been modified by Aero Vans to include captain's chairs mounted on a pedestal.

    Winer struck the van at 35 to 40 mph. in his Pontiac and walked away from the accident unharmed because he was wearing a proper seatbelt. However, the seats in the converted van came off the seat tracks and the seat belts broke apart allowing John Borgia to strike his head violently on the steering column as if he was unrestrained causing massive and irreversible brain damage. He cannot speak or use his lower extremities.

    At trial, evidence showed no safety testing had been done on the total seat belt system in the converted Caravan as is required pursuant to FMVSS regulations.

    The jury was presented with the facts concerning the musical talent and professional experience of John Borgia, the Plaintiff. Just before the accident he recorded three songs which were played for the jury. The jury asked for the songs to be played again during its 11 days of deliberations. "Everyone agreed John had talent and potential," said famed serious injury attorney Edward Steinbrecher, one of his attorneys.

    John continues to suffer severe brain damage. For almost five years, John has been a resident of a county nursing home and has now moved to a private residence with three shifts of nurses attending him. "The verdict will enable John to obtain the best medical care and rehabilitation to maximize his potential," Steinbrecher said.

    The jury apportioned 25 percent liability for the injuries to Auranco/Coachman Industries. "The net judgement after offsets for prior settlements is $17 million," said Steinbrecher. The trial took seven weeks and was tried in front of Judge Henry Shatford.