Hall vs. Bussjager

Case Background

Plaintiff Elizabeth Hall, individually and as the next of kin and natural parent of Suzanne Hall, a minor, filed the Golf Cart accident lawsuit on May 20, 2020, in the State Court of Cobb County, Georgia State (Case number: 20-A-1696). Judge Diana M. Simmons presided over the case.

Cause

In 2018, a tragic golf cart rollover accident occurred in a Marietta neighborhood, severely injuring a young girl named Libby Hall. The incident took place on Indian Hills Parkway near Fairgreen Drive when Libby’s father, Brooks Hall, drove a 2013 Yamaha G29 Drive golf cart. A car in front of them, driven by Christopher Bussjager, suddenly braked heavily to turn into his driveway. Unable to stop in time, Mr. Hall slammed on the brakes and swerved sharply to the right. This caused the golf cart to slide, rotate, and ultimately roll over onto its left side.

Before Mr. Hall purchased the golf cart, it had undergone significant modifications. These alterations included a 6-inch lift kit, enlarged tires and wheels that increased the cart’s speed, a rear-facing seat, a windshield, a rearview mirror, and lights. Colton Isyk of Superior Motorsports LLC performed these modifications.

Injuries

Libby Hall sustained severe, life-threatening injuries in the golf cart rollover. When the cart rolled over, Libby was trapped underneath and pinned against the road. The weight of the golf cart rested on her body as it dragged her along the pavement, causing horrific injuries to her head, shoulder, arm, back, and liver.

Paramedics quickly responded to the scene and immediately transported Libby to Children’s Healthcare of Atlanta. Upon arrival, she was admitted to the pediatric intensive care unit due to the critical nature of her injuries. Doctors diagnosed Libby with a traumatic brain injury and significant disfigurement across various parts of her body.

During her nearly month-long hospital stay, from June 1 to June 29, 2018, Libby underwent a series of complex medical procedures. These included multiple operations and skin grafts to repair the extensive wounds caused by the crash.

Damages

The plaintiffs sought both compensatory and punitive damages in their lawsuit. The compensatory damages aimed to cover Libby’s substantial medical expenses, which exceeded $400,000, as well as compensation for her pain and suffering, permanent injuries, and potential future medical needs. Elizabeth Hall also sought damages for lost wages and emotional distress resulting from her month-long absence from work while caring for Libby in the hospital.

After a grueling 10-day trial and over nine hours of intense jury deliberation, the jury reached a verdict. They awarded the plaintiffs a substantial sum of $7 million in damages. The jury allocated 51% responsibility to Yamaha Motor Manufacturing Corp. of America, 5% to Colton Isyk, and 44% to Brooks Hall, Libby’s father.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Elizabeth Hall, individually and as the next of kin and natural parent of Suzanne Hall, minor
    • Counsel for Plaintiff: Bethany L. Schneider| Frank Bayuk | Bradley W. Pratt | Christopher Lambden
  • Defendant(s):Christopher Bussjager | Yamaha Motor Corporation, USA | Yamaha Corporation of America | Jakes Golf Carts, LLC | Jakes Carts, LLC | Nivel Parts & Manufacturing Co., LLC | Superior Motorsports, LLC | Colton Isyk
    • Counsel for Defendants: Carol P. Michel| Frederick L. Cooper | Gary J. Toman | Daniela LaBounty

Claims

The plaintiffs’ primary assertion was that the Yamaha G29 Drive golf cart had a fundamentally defective and unreasonably dangerous braking system design. They argued that Yamaha knew or should have known that the cart’s design, particularly its rear-wheel-only braking system, made it significantly more likely to flip over and posed an unreasonable danger to passengers.

The plaintiffs contended that Yamaha failed in its duty to correct the design flaw or adequately warn about the danger. They also claimed that Yamaha did not issue a recall despite being aware of the risks. The plaintiffs presented evidence that Yamaha promoted its carts for use by families driving on neighborhood streets. However, Yamaha never tested the golf cart for stability or rollover risk in emergency braking scenarios on downhill slopes.

Additionally, the plaintiffs asserted claims against the manufacturers and installers of the lift kit and other modifications. They argued that companies like Jakes Golf Cars LLC, Nivel Parts & Manufacturing Co. LLC, and Superior Motorsports LLC knew or should have known that their modifications, including the lift kit and enlarged wheels, increased the risk of the cart flipping over.

Defense

The defense’s primary argument centered on the intended use and design compliance of the Yamaha G29 Drive golf cart. The defense contended that the golf cart was specifically designed and manufactured to transport two people and their golf bags around a golf course. They emphasized that the cart fully complied with the prevailing industry standards.

A significant portion of the defense strategy involved shifting blame to the other defendants and parties involved. They argued that the extensive modifications to the golf cart by Colton Isyk and Superior Motorsports LLC substantially contributed to the accident. These modifications included changing the body and lifting the cart by six inches, which altered the center of gravity. They also installed much larger tires and wheels, which increased speed. Additionally, they added a rear-facing seat, a windshield, a rearview mirror, and lights. The defense noted that these alterations were made without following any industry standards. They also pointed out that all warning labels and instructions had been removed from the vehicle during this process.

The defense also argued that Brooks Hall, Libby’s father, contributed significantly to the accident. They argued that Mr. Hall’s driving behavior, including speeding on a busy street, following too closely, and failing to notice Bussjager’s car slowing down, played a major role in the incident. Additionally, they suggested that Mr. Hall had consumed alcohol before the incident, potentially impairing his judgment and reaction time.

Regarding the brake design, the defense emphasized that Yamaha’s rear-wheel-only brake system was the industry standard used by every other major golf cart manufacturer. They argued that accepting the plaintiffs’ defect theory would essentially mean that nearly every golf cart in the country was defective.

Jury Verdict

On February 16, 2024, the jury awarded $7 million in damages to the plaintiffs, finding Yamaha’s rear-wheel-only braking design defective and determining that four-wheel braking was a feasible and safer alternative. The jury allocated 51% fault to Yamaha Motor Manufacturing Corp. of America, 5% to Colton Isyk, and 44% to Brooks Hall, Libby’s father in Golf Cart accident lawsuit. Despite this allocation, the damages award was not reduced due to the case being brought under the old apportionment statute.

Court Documents:

Available Upon Request