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Thursday, June 15, 2006

Lawn mower company liable in boy's death

Some jury members said the $2 million verdict was a message to the mower manufacturer.

When Ron and Kristie Simmons came out of the Roanoke City Courthouse on Wednesday afternoon, a group of five women were waiting to embrace them and shake their hands.

The women, who wiped tears from their eyes, were all members of a jury that had just awarded $2 million to the Botetourt County couple in the death of their son.

The jury wanted to send a message with that verdict to the makers of the lawn mower that killed 4-year-old Justin Simmons in 2004.

"We're just hoping that we make a difference," said juror Theresa Reed. "We just want the industry to see that there's a problem that needs to be fixed."

The jury's seven members came to their verdict after more than 10 hours of deliberation, ending a civil trial that began June 7. They divided it such that $500,000 would go to each parent and $1 million to Justin's 3-year-old brother, Josh.

"The protection of small children is one of the most important obligations of society," said Brent Brown, counsel for the Simmonses. "The jury has spoken loud and clear."

Mower producer MTD Products Corp. will appeal the verdict, said the company's attorney, John Fitzpatrick. "I find it incredulous that a jury no longer cares about common sense and personal responsibility," he said.

The boy's death happened at a day care in Daleville operated at the house of Orvil and Roberta Reedy.

As Orvil Reedy trimmed his lawn with a riding mower on April 22, 2004, Justin played in the yard. Roberta Reedy, who had been watching Justin, his brother and two other children, went inside to change Josh's diaper.

Moments later, she heard her husband scream.

As he tried to mow up a slope, the mower rolled backward and ran over Justin. Orvil Reedy, who didn't see at first that he'd hit the boy, tried to restart the mower, then saw Justin's feet sticking out from under the triple-blade deck.

Originally, Justin's parents had sued both the Reedys and MTD for $6 million.

Monday afternoon, as presentation of evidence drew to a close, the Simmonses dropped the Reedys from the case, leaving MTD the only defendant.

Fitzpatrick said in court Monday that the Reedys had made a $100,000 insurance payment offer to the Simmonses that had not been accepted at that time.

Wednesday, Brown said there was no settlement agreement yet with the Reedys.

John L. Cooley, attorney for the Reedys, could not be reached for comment late Wednesday afternoon.

After the trial, Fitzpatrick called the verdict "nonsense."

The jury held MTD at fault for not designing a mower that automatically stops its blades whenever it rolls backward. No such mower exists or has ever been tested, he said. "No one has even suggested that as a standard."

During closing arguments Monday, Fitzpatrick argued that the company should not be held responsible for the Reedys' poor judgment. Orvil Reedy didn't try to get an owner's manual for the 1988 model mower or heed any of the warnings printed on the machine, he said. Roberta Reedy left Justin unattended outside while her husband was mowing.

In Brown's closing arguments, he said MTD could have foreseen the danger.

The technology existed to correct the problem, but the company made no attempt to address it, he said.

The Simmonses' purpose in suing MTD was not to get rich but to get the attention of the mower industry, Brown said.

The jurors agreed with Brown. Reed and four other jurors remaining outside the courtroom spoke about how Justin would never have a prom or a graduation.

They all said they had kids, and they all agreed that, just as cars with safety problems are recalled, lawn mowers with safety problems should be recalled.

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