Arguably the highest settlement amount for an individual plaintiff in the state of Georgia was secured as part of a product liability lawsuit.

The law firms of Beasley Allen and Penn Law Group have secured a settlement of $45 million for a 9-year-old Georgia boy who was paralyzed in a Jeep accident, they announced today in a joint press release.

In January 2019, plaintiff Ann Marie Brown’s 2001 Honda Civic was struck from behind by a 2012 Jeep Wrangler Unlimited while stopped in Coweta County. Dominick Perez, a minor, was crushed in the accident and later diagnosed with paraplegia, paralysis of his lower body.

Following the original complaint filed against defendants Pro Comp USA, Honda Motor Co. and driver Gregory Bruce Newman in the State Court of Fulton County in May 2021, evidence revealed that Pro Comp’s manufacture of a 4½-inch lift kit was in violation of Georgia’s suspension lift requirements, which mandate the limit on bumper heights at 2 inches off the ground.

The plaintiffs alleged that the defendants collectively violated the Enhanced Vehicle to Vehicle Crash Compatibility Agreement, which applies to all cars sold throughout the United States.

According to Chris Glover, personal injury attorney for Beasley Allen, the mismatched height between the two vehicles was caused by Pro Comp’s wanton misconduct in producing an illegal lift kit, while Perez’s life-threatening injuries would likely have been prevented with the proper practices.

“The lift kit was designed so that in a foreseeable crash, the lifted vehicle would impact a passenger vehicle at a higher area than what is compatible, thereby potentially causing serious injury and/or death to occupants in a reasonably foreseeable collision,” he said in the complaint.

The plaintiffs also claim that Honda contributed to the severity of the crash, noting that the Civic’s rear-end protection was not “sufficiently crashworthy.” The case against the motor company is still in progress.

“The Honda Defendants designed and manufactured the Honda Civic knowing that the vehicle was not tested nor was it designed for rear impacts other than for fuel system leakage. The subject vehicle was not designed to provide ride-down forces and performance protection to occupants in rear end impacts,” the complaint stated. “[They] knew or should have known that the subject vehicle was not sufficiently crashworthy in the event of a foreseeable bumper override collision and was, thus, not compatible with higher vehicles on the roadway.”

Honda was also accused of having a “willful, reckless and wanton disregard for life” pursuant to OCGA § 51-1-11(c). The statute deals with product liability and a manufacturer’s “duty to warn of a danger arising from use of a product once that danger becomes known to the manufacturer.”

According to Darren W. Penn of Penn Law Group, the lift kit made by Pro Comp has been taken off the market, but he says the help they could provide Perez was the firm’s primary concern in the case.

“It will hopefully change the conduct of this company, but the fact that Dominick Perez will get the best care possible for the rest of his life means everything,” Penn said in an interview. “Going forward, he will have a great opportunity.”

Although Pro Comp initially denied designing and manufacturing the lift kit, calling it a “Chinese knockoff,” the attorneys physically removed pieces and parts of the crashed vehicle and found the serial number on one of the car’s shocks, showing that Pro Comp indeed produced the kit, according to Glover.

“Through substantial discovery and, frankly, getting our hands dirty, we found out who actually made this lift kit. I spent hours underneath that car until I finally found a part with Pro Comp’s serial number on it. That’s when the case began to turn in our client’s favor,” he stated.

The $45 million settlement represents a significant amount and one that is likely the largest for any individual in Georgia, Penn estimates.

Glover was partnered with Beasley Allen attorney Alyssa Baskam while Penn worked with Penn Law attorney James I. Seifter on the case.

Counsel for Pro Comp, Barbara A. Marschalk of Drew Eckl & Farham, could not be reached for comment.