Ky Verdicts: $11 million plus verdict against U-Haul for unreasonably dangerous tow dolly

A federal jury awarded three plaintiffs (Chris, Corry and Ryan Burke) over $11.6 million in damages in a towing accident against U-Haul for its negligence and an unreasonably dangerous tow dolly.   

The tow-dolly that the Burke's rented from U-Haul to pull their car began to fishtail and caused a wreck in which the Burke's vehicle flipped over the guardrail.  Injuries included the driver's wife's spine being crushed and his son sustaining a skull fracture.

Representing the plaintiffs were Lexington attorney Pete Perlman and Louisville attorney Tyler Thompson.

Defendant U-Haul was represented by out-of-state attorneys who conducted the principal defense, and local counsel included lawyer, Charles S. Cassis with Frost Brown Todd.

The case was tried in federal court in Louisville beginning on Jan.29th and the jury returned a verdict on February 13th for $11.6 million and allocated fault 90 percent to U-Haul.  The damage award was reduced 10 percent due to some of the fault being allocated to the Burkes over seat belt issues.

The case involved a 1993 Ford Explorer towing a Ford Contour on a rented U-Haul tow dolly.  The towing combination swayed and jackknifed forcing the Explorer to strike and roll over a guardrail.  The passenger’s wife was in the rear seat, and sustained a crushing injury to her spine and paralysis. 

Plaintiffs claimed U-Haul initially placed its tow dollies on the market in 1982 and  required that the towing vehicle weigh at least twice as much as the vehicle in tow plus the tow dolly.  In addition, sport utility vehicles or SUVs were prohibited.   Over the years, U-Haul made some changes in its  rental policy which increased its rental market by cutting back on the weight ratio and the SUV prohibition. 

In 1998, the current tow dolly model was placed on the market, and there was a 1 to 1 weight ratio and SUVs were permitted. 

At trial, U-Haul defended claiming the fishtailing and loss of control were the result of excessive steering by the driver of the Explorer and offered expert and scientific evidence in support of this contention.  Eyewitness testimony, however, refuted those conclusions and the fishtailing occurred first.

The jury found that  U-Haul had failed to exercise ordinary care and the tow dolly was an unreasonably dangerous product placing  90 % of the fault for causing this accidnet on U-Haul.

Ten percent of the fault was placed on the driver Chris Burke and the passenger Corry Burke regarding the driver's failure to ensure that his passengers were wearing seatbelts.

Corry Burke, the wife of Chris Burke, was awarded:

• $249,285.73 in medical expenses (all that was requested)
• $3.8 million in future medical expenses likely to incur
• $1.4 million in loss of her power to labor and earn
• $4 million in mental and physical pain and suffering

Chris Burke, the driver, was awarded the following damages from the accident:

• $1.6 million in loss of services, assistance, aid, society, companionsip and conjugal relationship with his wife, Corry Burke

Ryan Burke who sustaned a skull fracture was awarded:

• $10,739 in medical expenses
• $500,000 in mental and physical pain and suffering