This might divide some readers. Back in 2018, Thomas Joseph Soulliere was awarded $6M in punitive damages and $2M in compensatory damages related to a 2013 crash. The reason: the brakes on his 2009 GSX-R 600 failed and caused him to plow into the side of a vehicle that pulled out in front of him.
Investigators discovered that a defect in the braking system—an easily-corroded master cylinder piston in the front master cylinder—caused it to fail. Suzuki issued a recall on that Gixxer model on October 18, 2013, but it was too late for Soulliere, who'd crashed on July 30, and the jury ruled in his favor. Thomas Fehr, one of Soulliere's attorneys, alleged that Suzuki knew about the master cylinder problem for over a decade and did nothing about it. He also suggested that the recall didn't address the entire problem. The case certainly wasn't a good look for Suzuki, which is now involved in two class-action lawsuits relating to defective front brake master cylinders.
But now, the lawsuit involving Soulliere has been reversed, and the manufacturer could get its money back. On April 9, in a unanimous decision, the California Court of Appeal reversed the jury verdict that awarded plaintiff Soulliere damages of both compensatory and punitive. There will be a new trial, but the California Court of Appeal excluded punitive damages from the new trial and ordered the plaintiff to reimburse Suzuki for its appellate costs. Yes, Soulliere owes Suzuki the $6M that was awarded to him in 2018, regardless of whether he has spent it or not.
The reason the California Court of Appeal reversed the lawsuit was that it found that the trial court erred by excluding critical evidence from the investigating officer. The officer reported that the brakes "locked up" after the crash, which is inconsistent with the recall cited by Soulliere. Suzuki agrees with the Court of Appeal that the trial should have admitted evidence rebutting Soulliere's claims.
Suzuki maintains that Soulliere's claims lack merit and eagerly anticipates a retrial consistent with the appellate court's ruling. No date for the retrial has been set at the time of writing. And, although Soulliere currently doesn't owe Suzuki the $2M that was awarded to him in compensatory damages, he could by the end of the new trial.
