A Cobb County State Court jury has awarded $7 million in damages to the mother of a girl injured in a golf cart rollover within a Marietta neighborhood in 2018.

Plaintiff counsel with Bayuk Pratt and Schneider Injury Law credit the seven-figure outcome to their ability to convince jurors that the child’s injuries resulted from the ”defective and unreasonably dangerous” design of the flagship Yamaha G29 Drive golf cart’s braking system

Can you provide an overview of the case that resulted in the $7 million verdict? What were the key factors that contributed to the success of the case?

In February 2024, in Cobb County before Judge Simmons, a two-week trial against Yamaha Motor Manufacturing Corporation resulted in a $7 million verdict. This golf cart rollover design defect case was particularly notable as Yamaha had never lost one of these trials. The defense team included Carol Michel, Gary Toman, and Derick Cooper from Weinberg Wheeler.

On May 31, 2018, our client, a 3-year-old girl, sustained severe injuries including significant internal injuries, traumatic brain injury, road rash, and severe burns/scars on the back of her head and shoulder. The accident occurred when a modified golf cart driven by her father rolled over while going downhill, as he had to slam on the brakes to avoid rear-ending the car in front.

We alleged that the golf cart was defectively designed due to its use of rear-only braking, a practice outlawed in motor vehicles for nearly 100 years. Despite Yamaha's argument that this design was standard in the golf cart industry, we proved that they had been warned for years about the dangers of rear-only braking, particularly when going downhill. Yamaha admitted to knowing their customers modified golf carts for street use but had never tested their braking system under these conditions.

Our engineers demonstrated through testing that a stock Yamaha golf cart rolls over under these circumstances, whereas a golf cart with four-wheel braking does not. At trial, we had to counter the defense's claims that the father's driving behavior and modifications caused the wreck and convince the jury that the entire golf cart industry was wrong.

What types of injuries or damages were involved in the case, and how did they impact the plaintiff's life?

The young plaintiff suffered a mild traumatic brain injury, extensive scarring on the back of her head where hair cannot grow, and scarring on her shoulder requiring surgery. These injuries have not only physical implications but also emotional ones, as she is embarrassed by her scars and has been teased by other children. Her mild traumatic brain injury's impact will be unknown until she is older, and she currently faces difficulties at school.

What challenges did you encounter during the legal process, and how did you navigate them to achieve a favorable outcome for your client?

We faced numerous challenges, including a small number of similar incidents which Yamaha used to argue the lack of a defect, and the industry-standard defense. Yamaha also attempted to shift blame onto the father's driving and the modifications made to the cart.

We countered the similar incident argument by showing that Yamaha failed to investigate these significant injuries properly. We demonstrated that the industry standards were set by the golf cart companies themselves, which resisted change. Our testing proved that the modifications and the father's driving did not affect the cart's tendency to flip with rear-only braking.

Can you discuss the significance of this verdict within the context of personal injury law? How does it set a precedent or contribute to legal precedents in this area?

This verdict is significant as it is the first time a jury has found Yamaha’s braking system defective. Although Yamaha is appealing, the verdict sets a precedent that a company can still be liable for a defective product even if it meets industry standards.

What impact do you hope this verdict will have on the plaintiff's future quality of life, medical care, and financial security?

We hope this verdict and the subsequent payment will help the young girl manage the unknowns of her future, both mentally and physically.

Can you share a bit about the young girl and her family's journey throughout this challenging ordeal? How have they shown resilience and strength in the face of adversity, and what impact has their story had on you personally as their advocate?

This case was personally gratifying as it represented a small family taking on a giant corporation. The family waited over six years for their day in court, and reliving the traumatic events was challenging for all witnesses. Their resilience and strength in facing adversity have been inspiring, proving that with truth and justice on your side, you can challenge an entire industry.