Boateng V. BMW Of North America, Llc Et Al

Parties Involved

  • Plaintiff(s):Godwin Boateng
    • Counsel for Plaintiff: Avinoam Y. Cohen| David Joseph Austin

 

  • Defendant(s):BMW of North America, LLC | BMW Manufacturing Co., LLC | BMW of North America, Inc. | BMW (US) Holding Corporation | BMW Group |Bayerische Motoren Werke Aktiengesellschaft |Kiekert AG
    • Counsel for Defendants: Philip Semprevivo| Joseph Kim | Mary Catherine Teres Mullen | Peter M. Durney

Verdict Information

  • Verdict Date: June 26, 2024
  • Total amount awarded to the Plaintiff: $1,905,360.00
    • Past economic damages: $255,360.00
    • Pat non-economic damages: $800,000.00
    • Future non-economic damages: $850,000.00

 

About the Case

Cause

BMW faced a significant legal challenge over its Soft-Close Automatic Door (SCAD) technology, which allegedly caused severe injuries to users. The lawsuit centered on Godwin Boateng, a successful software engineer earning approximately $250,000 per year, who claimed the SCAD feature in his BMW X5 severed part of his thumb.

BMW marketed SCAD as a luxury feature designed to eliminate door slamming. The technology used a sensor to detect when a door was nearly closed, then activated an electric motor to pull the door shut firmly and quietly. However, the lawsuit alleged that this system lacked proper safety sensors to prevent injuries, unlike BMW’s automatic windows, which had technology to reverse if obstructed.

On July 6, 2016, Boateng’s incident occurred as he was exiting his vehicle at a friend’s home in Bellmore, NY. As he held the driver’s door slightly ajar to avoid oncoming traffic, the SCAD system activated, slamming the door on his right thumb.

The legal action accused BMW of knowingly selling vehicles with this dangerous feature, failing to warn consumers, and ignoring similar incidents worldwide. It cited other cases, including a class-action suit in California and incidents in Germany and Hungary, where users suffered injuries from the SCAD system. The lawsuit alleged that BMW had been aware of these issues since at least 2002 through pre-release testing data and early consumer complaints.

Injury

The force was so strong it severed through flesh, nerves, blood vessels, tendons, and bone. Boateng lost consciousness and was rushed to St. Joseph’s Hospital for emergency surgery. Unfortunately, doctors were unable to reattach the severed portion of his thumb due to extensive arterial damage.

The BMW soft-close door injury resulted in Boateng losing approximately half of his thumb, causing ongoing pain, emotional distress, and significant loss of income. He could no longer work as a software engineer or give presentations, activities crucial to his career. The lawsuit estimated his lost wages at around $3,000,000, based on his intention to work until age 70.

Damages

In addition to these damages, the plaintiff also sought to recover costs associated with each count. The final point in the prayer for relief requested any other further relief that the court deemed just and necessary. The plaintiff sought judgments against the defendant for multiple counts, requesting both compensatory and punitive damages as determined reasonable by a jury, plus costs.

Jury Verdict

On June 26, 2024, the jury reached a verdict and awarded damages to the plaintiff. They calculated the total compensatory damages without considering comparative fault. The awards were as follows: $255,360.00 for past loss of earnings, $800,000.00 for past pain and suffering, and $850,000.00 for future pain and suffering over 7 years. The total damages awarded amount to $1,905,360.00 in BMW soft-close door injury.