Four and a half years after the death of 4-year-old Justin Simmons, the products liability lawsuit over his death finally may have reached closure.
The Supreme Court of Virginia on Friday turned aside the last plea for a writ from MTD Products, the lawnmower manufacturer ordered to pay $2 million to the Simmons’ family.
Justin Simmons was killed in April 2004 in Botetourt County when a riding lawnmower backed over him. Lawyers for the family argued that the lawnmower should have had a mechanism to stop the blade when the mower was coasting backward. No other mowers offered such a safety feature.
A Roanoke jury returned a $2 million verdict for the Simmons family in June 2006. Brent Brown of Salem was plaintiff’s counsel.
By Peter Vieth