A
19 year old woman sustained incomplete paraplegia from a lap belt
she was wearing while riding in the rear center seat of a 1998
Plymouth Breeze.
The
vehicle was involved in a low speed frontal crash, from which
all four of the other occupants walked away without serious injury.
Plaintiff developed evidence that Chrysler had known for over
twenty five years that the design of the rear center restraint
system was defective and that it could cause catastrophic spinal
and internal injuries, even if properly worn. This is because
the passenger could submarine beneath the belt, even when properly
worn, as it was in this instance. A number of other vehicles had
been designed and equipped with ramped seats designed to reduce
the potential for submarining, and also had a three point belt
designed into the rear center seating position. It was not until
the European Union, in 1999, mandated three point belts for cars
sold in Europe that Chrysler found it economical to go ahead and
make the modification to all its vehicles. However, there was
nothing that prevented Chrysler from having corrected design long
before the vehicle in question was manufactured.
While
feasible, Chrysler did not act until it was mandated to do so.
Our client sustained a classic "lap belt injury." She suffered
a "chance fracture," a flexion, distraction fracture at T12-L1,
which has left her permanently, partially paralyzed. While miraculously
she can walk, she has an impaired gait, and she experiences excruciating
chronic pain. Her mobility is expected to decline prematurely
and the chronic pain probably will be lifelong. The settlement
was designed to compensate our client for her substantial lost
earning potential, future medical expenses, and extreme pain and
limitation that she probably will experience over the rest of
her life.
