A lawn mower manufacturer held liable by a Roanoke jury for the death of a 4-year-old Botetourt County boy in 2004 has decided to appeal the controversial verdict.

Roanoke Circuit Court Judge Clifford Weckstein has ordered that MTD Products Inc. post a $2.65 million appeal bond. The amount covers both the $2 million verdict the jury awarded to the parents of Justin Simmons and the interest on the award that has accumulated since the June 2006 verdict.

Justin Simmons died April 22, 2004, after being injured at a Daleville day care center operated by Orvil and Roberta Reedy at their home. According to court evidence, Orvil Reedy was trimming his lawn with a riding mower while Justin played in the yard. Roberta Reedy, who had been watching Justin, briefly went inside. Moments later, as her husband mowed on a slope, the mower rolled backward over Justin.

Ron and Kristie Simmons sued both the Reedys and MTD, the maker of the mower, 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 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 responsible.

MTD quickly challenged the verdict. The company argued that the jury made its decision based on sympathy for the boy's family rather than an objective consideration of the law. In March, Weckstein issued an opinion upholding the jury's verdict against MTD.