$6.1 Million Verdict Against GM for Defective Corvette Roof That Crushed Sherrill Smothers Into Quadriplegia

On November 13, 1988, Sherrill Smothers was driving his 1984 Chevrolet Corvette on a California highway at highway speed when Gene Gibson's car struck the Corvette from the rear. The impact sent the vehicle into a rollover. When the roof met the ground, it gave way, and Smothers sustained severe spinal cord damage that left him a quadriplegic.

Smothers retained J. Gary Gwilliam and the firm then known as Gwilliam Ivary Chiosso Cavalli and Brewer, along with co-counsel Victoria J. De Goff and Richard Sherman. The legal theory was strict products liability: the Corvette's roof structure was not reasonably safe and its failure, not the rollover itself, caused the catastrophic spinal injury.

General Motors disputed causation, arguing the roof met applicable standards and that Smothers's injuries would have occurred regardless of roof design. The plaintiff's team countered with engineering evidence showing the roof lacked adequate crush resistance for foreseeable rollover loads and that a properly designed roof would have preserved the occupant space Smothers needed.

The jury sided with Smothers. It awarded $3.1 million in economic damages and $3 million for non-economic damages, then apportioned fault 80% to General Motors and 20% to Gibson. The total verdict of $6.1 million was, at the time, the largest single personal-injury verdict in Contra Costa County history.

General Motors appealed. The California Court of Appeal, First District, affirmed the judgment on April 26, 1995, rejecting GM's challenges to the admission of intoxication evidence and to the prejudgment interest award. The full verdict held.