A Roanoke judge has upheld a controversial 2006 jury verdict that found a lawn mower manufacturer liable for $2 million in the death of a 4-year-old boy from Botetourt County.

"It reaffirms our confidence that our case was thoroughly and rightly decided by the jury," said Brent Brown, lawyer for Ron and Kristie Simmons, whose son Justin was killed in an accident involving a riding lawn mower.

Roanoke Circuit Court Judge Clifford Weckstein's opinion outlines challenges that MTD Products Corp. made to the verdict following the trial in June 2006, which suggest that the seven-member jury's verdict was based on sympathy for the boy's family rather than an objective consideration of the law. Weckstein analyzed the company's objections, ultimately upholding the jury's verdict in each instance.

MTD lawyer Nick Leitch said the company has not yet decided whether to appeal to a higher court. The company continues to be disappointed with the outcome of the case, he said. "MTD has been a real leader and has literally set the standard for safety for this industry."

Justin Simmons died April 22, 2004, at a Daleville day care center operated by Orvil and Roberta Reedy at their home. According to court evidence, Orvil Reedy trimmed his lawn with a riding mower while Justin played in the yard. Roberta Reedy, who had been watching Justin, his brother Josh and two other children, went inside to change Josh's diaper. Moments later, she heard her husband scream. As he'd tried to mow on a slope, the mower had rolled backward and run over Justin.

Originally, Justin's parents sued both the Reedys and MTD for $6 million. But as the 2006 trial drew to a close, the Simmonses dropped the Reedys from the case, leaving MTD the only defendant. MTD argued in court that Orvil Reedy was clearly misusing the mower, a 1988 model which he had salvaged and refurbished, and that MTD shouldn't be held responsible for his mistakes.

The Simmonses' attorneys argued that MTD could have anticipated a design flaw that allowed the mower to roll backward in neutral with the blade spinning, which they said contributed to Justin's death. The jury deliberated for more than 10 hours before finding the lawn mower maker liable.

In MTD's arguments for Weckstein to set the verdict aside, the company argued that a conspiracy existed between the Simmonses' and Reedys' attorneys to set MTD up as the "bad guy." When the Reedys were dropped from the lawsuit in the middle of the trial, MTD attorney John Fitzpatrick angrily demanded that Weckstein declare a mistrial.

In his opinion, Weckstein called the suggestion that there was a conspiracy "irrelevant," asserting that the Simmonses had a legal right to drop their suit against the Reedys if they chose.

The verdict continues to be controversial in legal circles.

"This is a classic foreseeable misuse ruling," said George Washington University law professor Jonathan Turley. "A court is normally reluctant to overturn a factual determination by a jury. Here, the court clearly believed that there was a basis for the verdict against MTD."

"This is very clearly a case of user error and user carelessness," said Ted Frank with the American Enterprise Institute for Public Policy Research. "It benefits irresponsible consumers at the expense of responsible consumers."

Turley asserted that $2 million wasn't an excessive verdict, given that the accident resulted in a death.

"It could very easily have been a lot worse for the defendant," Frank said.

University of Richmond law professor Carl Tobias said that MTD could face an uphill battle if the company keeps fighting because appeals courts are reluctant to overturn jury verdicts.