Jury Clears <i>Consumer Reports</i>

Earlier this spring a Los Angeles Federal Court jury cleared Consumers Union, publisher of Consumer Reports magazine, of liability for reporting that 1995-96 Isuzu Troopers are dangerous.

The jury ruled that eight of the 17 statements that Isuzu questioned were false, and that in one of those inaccurate statements the magazine demonstrated "reckless disregard" for the truth.

But the jury determined Consumer Reports did not believe, in the case of seven of those statements, that they were untrue before publishing them.

The jury deliberated for four days after a two-month trial in which Isuzu Motors Inc. sought $242 million in damages in a product defamation suit.

The Consumers Union had maintained that in 75 out of 192 test runs, two of the vehicle's wheels left the ground when the driver simulated an emergency swerve.

Andrew White, a lawyer for Isuzu Motors Inc., claimed that Consumers Union purposely tipped up the Trooper during test runs out of a hatred for sports utility vehicles and a desire for publicity that would boost sagging magazine sales.

The jury decided against awarding monetary damages to Isuzu, whose attorney told jurors the company had suffered $244 million in lost sales and damage to its reputation after the issue was raised in 1996.

While Isuzu lawyers said they believed evidence of false statements met the standard for malice, "apparently the jury did not," said White, the company's attorney.

Jury foreman Don Sylvia said eight of the panel's 10 jurors wanted to award Isuzu as much as $25 million, the Los Angeles Times reported Friday. "We didn't do it because we couldn't find clear and convincing evidence that Consumers Union intentionally set out to trash the Trooper," he said.

Both sides claimed victory in the trial, which was closely watched by the auto industry and freedom of the press advocates.

"The jury's finding on falsity today provides clear vindication for the Trooper, which has an excellent safety record in the real world," the company said in a statement.

Consumer Reports' publisher, Consumers Union, called the ruling a victory, saying the jury backed up its claims that the vehicle is basically unsafe and prone to tip over.

"The verdict generally acknowledges the honesty of our testing and reporting staff and our belief in our procedures," Consumers Union president Rhoda Karpatkin said in a statement.

The trial has cost both sides millions of dollars. Consumer Reports has never lost a case challenging its product testing.