Verdict Amount:
$9,730,000
Gary Jones: $2,905,000
Mona Jones: $325,000
Punitive Damages: $6,500,000

Case Name:
GARY AND MONA JONES v. JOHNSON CONTROLS, INC. AND SEARS
ROEBUCK AND CO.

Case Number:
San Diego Superior Court, Case No. 585427

Plaintiffs:
Gary and Mona Jones

Defendants:
Johnson Controls, Inc. and Sear Roebuck and Co.

Facts and Background:
On June 3, 1986, plaintiff Gary Jones was seated outside a
delicatessen in La Jolla when he noticed an elderly couple having
difficulties starting their car. Mr. Jones, a 32-year old banquet
chef, offered to assist the couple and checked the car which was
equipped with a Sears Diehard side-terminal battery, Model No.
4305.

While Mr. Jones was checking the battery’s cable connection, the
terminal broke and a portion of the positive battery cable fell
into his hands. Noticing this portion was corroded, Mr. Jones
cleaned it and inserted it back into the battery. Mr. Jones then
reattached the battery cable and asked the elderly gentleman to
start the car. The battery exploded, critically injuring Mr.
Jones’ right eye, which was removed two weeks later.

Plaintiffs’ Contentions:
Plaintiffs alleged the battery was defective in design and
manufacture. They further contended that defendant Johnson
Controls, Inc. knew of the defects and that defendants failed to
provide adequate warning of dangerous conditions they knew to
exist.

Defendants’ Contentions:
Defendants argued the battery was not defective in design or
manufacture and that plaintiff was negligent in breaking the
terminal portion of the battery and was aware of potential hazard.

Plaintiffs’ attorney asked the jury to award between $2.5 and
$3.5 million compensatory damages and between $5 and $20 million
punitive damages.

Damages:
Gary Jones lost his right eye; suffered post-traumatic organic
brain damages resulting in seizures (defendant disputed brain
damage, claiming that plaintiff was experiencing "spells" as a
result of pre-existing psychological factors; suffered a loss of
earnings and loss of future earning capacity; and medical
expenses.

Mona Jones suffered loss of consortium (love, society, comfort
and companionship)