— A New York driver who didn't remove his thumb from a closing BMW door more than nine years ago was awarded $1.9 million by a jury, an award that has been upheld by the U.S. Court of Appeals for the Second Circuit.
The jury awarded the plaintiff $800,000 for past pain and suffering, $850,000 for future pain and suffering, and about $255,000 for past lost earnings.
The entire case was based on losing the tip of his thumb in a 2013 BMW X5 xDrive35i Sport "soft-close" door.
According to BMW:
"In tight parking spaces or whenever a gentle closing of the door is appreciated, soft close automatic provides a helping hand: simply push the door until it is almost closed. When the door is within approximately 6 mm of the lock, a sensor activates an electric motor that pulls the door firmly and quietly closed and secures it. The components of the door locks are automatically returned to their original position." — How BMW's soft-close doors work
New York plaintiff Godwin Boateng filed the lawsuit after he got out of his 2013 BMW X5 xDrive35i Sport in July 2016 and rested his right hand on the driver’s door column with his back facing the vehicle and the door about one-foot open.
The plaintiff didn't remove his thumb and the soft-close door closed as designed, amputating the tip of this thumb which couldn't be reattached by surgeons.
The self-employed software engineer claimed losing the tip of this thumb would cause him to lose $3 million in wages.
BMW was contacted about his "grave injuries" but the plaintiff says BMW only "masqueraded their complaint puppet responder, Jay Hanson," to arrange for the vehicle to be inspected in August 2016.
In November 2017, BMW concluded there were no defects in the soft-close automatic door system and denied responsibility for any damage or injuries associated with the plaintiff. The automaker said it wasn't responsible for someone who didn't remove his thumb from a door that pulls itself shut.
BMW argued that within a certain distance of the door being closed, the soft-close feature automatically pulled the door securely closed and latched. Meaning, there were no defects and the soft-close feature worked exactly as it was designed to work.
The automaker also said the plaintiff admitted it was "an accident, so my finger got in there and it just automatically closed over it."
BMW also turned to the common sense argument when it said anyone would know not to place their hand or anything else in the path of a closing door.
“Plaintiff understood since childhood, not to put a finger or body part in between a door and its door frame while it is closing.” — BMW
Driver Awarded $1.9 Million in BMW Soft-Close Door Lawsuit
So much for using common sense in court, because a jury placed all the blame on BMW even though the jury didn't find anything defective about the soft-close doors.
BMW had faced other soft-close door lawsuits, one which was dismissed after the judge said humans have been slamming their fingers in doors since doors were invented, and the doors on BMW's vehicles are no exception.
So the automaker filed a motion for a new trial which was denied by the district court judge. BMW appealed to the Second Circuit which has agreed with the jury verdict and the denial of a new trial.
The appeals court agreed with the lower court ruling which said BMW violated the New York General Business Law § 349 for "deceptive omission."
The deceptive omission?
That BMW allegedly deceptively omitted the dangers of the plaintiff leaving his thumb in the path of a soft-closing door designed to mechanically pull itself shut.
The BMW soft-close door lawsuit was filed in the U.S. District Court for the Eastern District of New York: Godwin Boateng v. BMW of North America, LLC, et al.
The plaintiff is represented by the A. Cohen Law Firm, PC.