Tennessee Judge Approves $20 Million Punitive Damage Jury Verdict Against Navistar - Finds Company’s Conduct “Shocking”, “Egregious” And “Reprehensible”
JACKSON, TN… In a follow-up to the August 10, 2017 Tennessee jury’s $30.8 million verdict on behalf of a Tennessee-based trucking company defrauded by Navistar Inc. in the sale of tractor-trailers powered by the discontinued Maxxforce engine, a Tennessee judge has denied Navistar’s attempt to have him disapprove and vacate the jury’s verdict on both actual damages and punitive damages.
On December 1, Judge Roy Morgan of the 26th Judicial Court located in Jackson, Tennessee, considered multiple motions by Navistar challenging the verdict awarded to Milan Logistics Supply Chain.
The Judge specifically approved of the punitive damages award and amount. Judge Morgan stated that testimony and conduct of Navistar was “somewhat shocking”, “reprehensible” and “egregious”.
The Judge stated that the proof showed that Navistar knew before launching the trucks that they had issues with the Maxxforce engine but “took a course of action not to disclose and claimed it was just normal business practice.”
At the August trial, Jack Allen the former Chief Operating Officer of Navistar, stated that it was just “normal practice of business” not to disclose to customers considering a purchase when a company like Navistar knows its products have known defects, have serious issues with regard to pre-launch testing and are being launched with the product validation incomplete.
This testimony was cited by Milan’s lead trial attorney, Clay Miller of the Dallas law firm Miller Weisbrod, as one of the multitude of reasons the punitive damage verdict should be approved.
In addition to approving the punitive damage verdict, Judge Morgan added $1.337 million of attorneys’ fees to the award since the jury found Navistar’s fraudulent conduct violated the Tennessee Consumer Protection Act.