Stage Is Set at UGA Law School for Heated Arguments in Chrysler Case
Oral arguments on Chrysler's appeal have been set for a special session of the Georgia Supreme Court to be held at the University of Georgia School of Law.
October 11, 2017 at 01:07 PM
4 minute read
![](http://images.new.law.com/contrib/content/uploads/sites/404/2017/10/Thomas-Dupree-and-Jim-Butler-Article-201710111628.jpg)
In the contentious litigation over a fatal Jeep gas tank explosion, oral arguments on Chrysler's appeal of the $150 million verdict—reduced to $40 million by the trial judge—have been set for a special session of the Georgia Supreme Court to be held at the University of Georgia School of Law.
Arguments are to be heard in the law school's Hatton Lovejoy Courtroom on the historic N orth Campus, starting at 10:30 a.m. on Oct. 24.
The case has already yielded more than a dozen amicus briefs—some neutral and others in support of one side. Several came from business groups seeking to hold down the award, viewing the case as a test for the new court, which expanded from six to nine members at the start of this year.
The arguments will pit Chrysler's lead appellate counsel Thomas Dupree Jr., a Washington, D.C.-based partner with Gibson, Dunn & Crutcher, against a nationally known Georgia trial lawyer, Jim Butler Jr. of Butler Wooten & Peak.
Chrysler's team includes three lawyers from Swift, Currie, McGhee & Hiers in Atlanta: Mary Diane Owens, Bradley Wolff and Terry Brantley.
Butler's team includes other lawyers at his firm, plus his son Jeb Butler of Butler Tobin; appellate stars Michael Terry and Frank Lowrey of Bondurant, Mixson & Elmore; and Mercer University School of Law Dean L. Catharine Cox, formerly Georgia secretary of state, president of Young Harris College and before that a lawyer in the town where the case was tried.
The nine-day trial in South Georgia's Bainbridge, before Decatur County Superior Court Judge J. Kevin Chason, took place in March and April of 2015. The jury took less than two hours to return a $150 verdict, consisting of $120 million for wrongful death and $30 million for the pain and suffering of 4-year-old Remi Walden, who died in his car seat in the back of a Jeep when it exploded after a rear-end crash that did not injure either driver.
Chason later reduced the judgment to $40 million, but Chrysler appealed. The Georgia Court of Appeals upheld the judgment in November 2016.
“What should have been a straightforward trial about vehicle design soon spiraled out of control, as the trial court allowed Plaintiffs to introduce evidence and make arguments that had no relevance to the issues the jury was asked to decide, but were intended to incite the jury's passions by whipping up prejudice against a large corporate defendant and to set the stage for the verdict that followed,” Chrysler argued in its brief filed with the Supreme Court.
Chrysler has sought to blame the driver of the other vehicle, Bryan Harrell, 32, of Brainbridge, who pleaded guilty to vehicular homicide and is now in prison. But the Butler team successfully targeted the rear-mounted Jeep gas tank design. The jury placed 99 percent of the fault on Chrysler.
“Remington Walden burned to death because FCA/Chrysler placed the gas tank behind the rear axle of its Jeep. That was unnecessary: FCA stipulated that it could have located the gas tank midships, in front of the rear axle,” Butler wrote in his brief to the Georgia Supreme Court. “The evidence proved that Chrysler had long known that mounting a gas tank behind the rear axle was dangerous.”
The Walden brief said the jury determined that the company “acted with a reckless or wanton disregard for human life” and failed to warn of the hazard it created.
The case is Chrysler v. Walden, No. S17G0832.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All![On The Move: Squire Patton Boggs, Akerman Among Four Firms Adding Atlanta Partners On The Move: Squire Patton Boggs, Akerman Among Four Firms Adding Atlanta Partners](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/b4/76/3db1a19e4d638d10ee312bb5bc46/2025-top-laterals-integration-767x633.jpg)
On The Move: Squire Patton Boggs, Akerman Among Four Firms Adding Atlanta Partners
7 minute read![Georgia's Next Judge? Sole Candidate Shortlisted to Rise to Bench Georgia's Next Judge? Sole Candidate Shortlisted to Rise to Bench](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/1e/b5/2781124b422ebb7cc232dd321e95/james-jay-crowe-jr-2-767x633.jpg)
![Justice 'Weaponization Working Group' Will Examine Officials Who Investigated Trump, US AG Bondi Says Justice 'Weaponization Working Group' Will Examine Officials Who Investigated Trump, US AG Bondi Says](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/aa/c6/cf82c06b4d7882a436520799935e/pam-bondi-2025-016-767x633.jpg)
Justice 'Weaponization Working Group' Will Examine Officials Who Investigated Trump, US AG Bondi Says
![New Atlanta Litigation Firm Breaks Away From Swift Currie New Atlanta Litigation Firm Breaks Away From Swift Currie](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/cf/2f/b8cd56764d9697ea8c49758144ae/marsh-atkinson-brantley-767x633.jpg)
Trending Stories
- 1ACC CLO Survey Waves Warning Flags for Boards
- 2States Accuse Trump of Thwarting Court's Funding Restoration Order
- 3Microsoft Becomes Latest Tech Company to Face Claims of Stealing Marketing Commissions From Influencers
- 4Coral Gables Attorney Busted for Stalking Lawyer
- 5Trump's DOJ Delays Releasing Jan. 6 FBI Agents List Under Consent Order
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250