Jury exonerates Chrysler in lawsuit over car seats: At-fault driver liable for $342,000 in damages
Posted on Saturday, November 22, 2008
A Washington County jury on Friday exonerated Chrysler Motors in a product liability lawsuit blaming faulty seat design on injuries two children suffered in a car wreck.
The jury deliberated for about five hours before finding Linda Childers Knapp responsible for damages totaling almost $342,000. She was talking on her cell phone while driving a 2004 white Jeep Cherokee when she caused the accident.
Shadrick and Lydia Adams filed the lawsuit against Chrysler and Knapp to recover damages for head injuries their two children sustained while riding in the back seat of a 1994 Dodge Caravan during the accident on Sept. 25, 2005.
One-year-old Silas and 4-year-old Eve suffered fractured skulls caused by the skulls of their parents going backward and smashing into the front of the children’s heads after Knapp rearended their vehicle, said Atlanta attorney George Fryhofer, who represented the Adams. The Adams were all wearing seat belts, according to witnesses.
The crash occurred in the left, eastbound lane of the Fulbright Expressway in Fayetteville, south of the Northwest Arkansas Mall. Knapp did not realize that traffic had stalled because of a parade for Fayetteville’s Bikes, Blues & BBQ festival, her attorney said.
Jurors heard 25 plaintiff witnesses, including seven experts, during the 13-day trial before 4th Judicial Circuit Judge Gary Carson.
Nine of the 12 jurors agreed to award $150,000 in damages for both of the children. All jurors agreed to award $41,993.80 for medical expenses and treatment, making the total award to the Adams $ 341,993.80.
Speed in dispute
Knapp admitted liability in the accident, but she claimed that she was driving about 53 miles per hour at the time of the crash. Chrysler’s expert witnesses testified that her vehicle was traveling between 65 and 77 mph based on the damage to the Adams’ and Knapp’s vehicles, plus the damage to the two other vehicles in front of the Adams, said Colvin “Woody” Norwood, an attorney for Chrysler.
Jurors saw video and pictures from an accident reconstruction that showed the damage to the vehicles in the actual crash was more significant than the damage to the vehicle used in the plaintiffs’ crash test.
The impact that the plaintiffs allege is about the same as dropping a minivan onto concrete on its rear end from 20 feet in the air, he said. Chrysler’s experts calculate the impact to be about the same as a 40-foot drop, he said.
Seat design
Fryhofer told jurors that Chrysler knew from its own testing that the backs of these car seats were faulty and unsafe, took no action to fix the problem and did not mention the problem to anyone.
A former Chrysler official testified for the plaintiff that he told company officials the seats were unsafe, but they refused to modify the design to make it more safe. Chrysler denied claims that the seats are unsafe and pointed out that the seats meet all federal safety standards.
Fryhofer claimed that the front car seats collapsed backward upon rear impact, causing the skulls of the adults in the front seat to smash into the skulls of their children in the back seats.
Norwood told jurors that car seats are designed to yield or give, which makes them safer for passengers because it reduces the danger of whiplash.
During closing remarks Thursday, jurors watched a video showing both the front and back seats yielding backward at the same time such that the skulls of crash dummies in the front seat did collide into the skulls of the dummies in the back seat.
Chrysler claims the intrusion of Knapp’s vehicle, not seat failure, caused the injuries to the children because it pushed them forward.
Chrysler responds
“We applaud the jury’s decision,” Chrysler spokesman Mike Palese said. “It’s a testament to the safety of the 1994 Dodge Caravan — and Chrysler is pleased that treating physicians are optimistic about Eve and Silas’ future.
“This was a terribly violent crash caused by a distracted driver talking on a cell phone who crashed her vehicle into the back of the Adams minivan at highway speed. This crash was so severe it is estimated to be among the top 1 percent of all severe rear crashes — equivalent to dropping the Adams minivan — rear-leading — from the top of a four-story building.
“ Like all other manufacturers, Chrysler seats are designed — in accordance with federal safety standards — to yield in a controlled fashion to absorb energy in an accident. This critical design feature reduces the impact of crash forces on an occupant’s body.
“We remind the motoring public to please pay attention and not talk on cell phones, etc., while operating motor vehicles,” he said.
Attorneys for Adams and Knapp did not return telephone messages Friday afternoon seeking comment.
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