CVN screenshot of plaintiff attorney Jon Marko delivering his closing argument
Pontiac, MI - A Michigan state court jury delivered a record-setting $896.5 million award on Monday to a child injured in a car crash at a racing test track during a student field trip despite the defense making no settlement offers while also conceding liability, and the full trial was recorded gavel-to-gavel by Courtroom View Network.
The Oakland County jury returned its verdict following a trial that began on July 8. Defendant Continental Automotive Systems Inc. admitted responsibility for the events that sent a prototype test car careening into a group of onlookers next to a track leaving a 10-year-old plaintiff with permanent brain damage and severe fractures. His father, Vincent Gibson, sued Continental on his behalf alleging the driver of the test vehicle lacked the proper qualifications, and that event organizers should have known putting spectators, especially children, so close to the guardrail would be unreasonably dangerous.
Attorney Jon Marko of Marko Law PLLC, who represents the plaintiffs, told CVN after the trial he considered the decision by defense counsel not to make any settlement offers “insane malpractice” in light of what he characterized as a “wholly collectible” verdict against a multi-billion dollar company that also vastly outpaces a $60 million settlement suggestion made by a mediator that Marko said his clients were willing to accept over his objections. He described the outcome as the largest single personal injury verdict in Michigan history.
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The underlying crash occurred in 2023 during an excursion for participants of a STEM summer camp for gifted students. Part of the demonstration involved a Mustang Dark Horse, a prototype sports car on loan from Ford, which plaintiffs accuse organizers of having intentionally spin out of control to wow onlookers. The driver failed to regain control of the car and it slammed into a group of people standing trackside.
Marko argued during trial Gibson’s son suffered a major traumatic brain injury that will permanently result in a reduced quality of life, however defense counsel argued his good grades showed little-to-no cognitive impairment and suggested an award of roughly $10.5 million to the jury - the first time Marko said the defense ever made any suggestion in any forum of an an appropriate amount to compensate the plaintiffs.
Attorneys for Continental did not respond to requests for comment from CVN.
Marko attributed the decision not to engage in meaningful settlement discussions to a “disconnect” between trial counsel and Continental’s overseas German insurers, which he said provide Continental with $450 million in available coverage.
“It’s a mess behind enemy lines,” he said, suggesting that Continental rotating through a number of firms before trial could have played a role in lack of settlement discussions.
Marko expressed optimism for how the verdict may fair on appeal, positing the “sticker shock” element could eventually result in the award being trimmed, but that he otherwise considered the trial record fairly clean.
“The only thing that worries me about the verdict on appeal is the size,” he explained. “There’s not many preserved issues.”
Marko explained how with the liability issue off the table, the trial largely dealt with subjective issues such as the extent of the the child’s recovery with extensive expert witness testimony presented on both sides (please note CVN’s coverage includes all expert testimony).
CVN screenshot of defense attorney Jonathan Ebner delivering his closing argument
The defense relied heavily on the recovery in the plaintiffs grades, arguing to jurors that a student getting A’s in math and science courses should be optimistic about future employment prospects, but Marko said those report cards didn’t tell the whole story.
“They’re not the whole person,” Marko insisted. “Yeah you got an A, but mom and dad still had to help you with your homework for four hours,” he said, adding the plaintiff also struggles with basic daily tasks like dressing himself.
Another trial involving the father’s bystander claims gets underway this week in the same courtroom, and Marko said Continental is again refusing to make any offer despite conceding liability.
“There has still been not a single penny offered,” Marko lamented. “It’s insane.”
The plaintiffs were also represented by John Eads of Marko Law PLLC, Scott Goodwin of Scott Goodwin Law PC, and supported by Trial Consultant Samantha Teal.
The defense was represented by Clyde & Co, Dykema Gossett and Gordon Rees.
The trial took place before Judge David Cohen under docket # 24-209658-NO.
Click here to view a copy of the verdict form.
Email David Siegel at dsiegel@cvn.com
