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Sullins v. Ford Motor Company;
Middlesex County,
New Jersey
Year of Settlement: 2005
Attorney(s) of Record: Robert Palmer
Type of Case: Product Liability
Nature of Injury: quadriplegic / paraplegic
Case Details:
An 18-year-old girl was restrained by the automatic shoulder harness while driving her 1990 Ford Escort LX. An oncoming vehicle traveled into the girl’s lane, forcing her to take evasive action. The girl was ejected through the rear hatch window, impacted the frozen ground, and received severe spinal and head injuries. Plaintiff alleged that the restraint system in the 1990 Ford Escort was defective and unreasonably dangerous in that it failed to have an integrated lap belt, providing instead a “half passive” system of motorized shoulder belt and a manual lap belt. Ford and other manufacturers have been aware for decades that using a shoulder belt without a lap belt can greatly increase the severity of injury in an accident, particularly in rollover accidents. Yet the motorized shoulder belt/manual lap belt system lends itself by design to occupants (even habitual 3-point belt users) not utilizing the lap belt. Plaintiff also alleged a failure-to-warn count, focusing upon the fact that Ford did not clearly or effectively warn occupants of the dangers and consequences of not using the lap belt. Plaintiff further alleged a defect claim regarding Ford’s use of tempered glass instead of laminated glass in the rear hatch window of the Escort, asserting that laminated glass would have prevented the girls’ ejection from the vehicle
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