SD Supreme Court Wrongful Death Suit

On September 16, 2009, the South Dakota Supreme Court affirmed an order for a new trial in a wrongful death suit.  The Court held that because a juror discussed his knowledge of a Google search before the trial, the jury was tainted and a new trial was justified. 

In this case, Russo v. Takata Corp., the driver of a Geo Tracker who was driving to school was killed when her car slid off the side of the road and flipped nearly three times.  Because the driver was a minor, her mother brought suit against Takata Corp., a seatbelt manufacturer, alleging that the seatbelt malfunctioned and failed to operate properly.  After deliberations, the jury found in favor of Takata.  

Prior to the trial, a prospective jury member performed a Google search of Takata.  This juror made it through pretrial questioning, and ended up on the jury for the trial.  During deliberations, the juror stated that he had done a Google search of Takata, and discovered that Takata had never been sued before.  Since this information was received outside of the actual case, the Court held that it may have unfairly influenced other jurors.  

The facts of this case are certainly unfortunate.  We often take our children’s safety for granted as they travel to school everyday.  It is the duty of parents to make sure their children wear their seatbelts.  In this case, the parents performed their duty, but the seatbelt manufacturer may have failed to live up to their end of the deal.  This situation is precisely where parents need to reach out to an advocate to ensure the safety of their loved ones.  A verdict in favor of the plaintiff will not bring back the young girl who lost her life, but perhaps it would save the lives of other children in the future.