Practice Area:Personal Injury
Outcome:Settlement for the Plaintiff
Description:Our client was one of three passengers riding in a 1998 Chevrolet Malibu. She was seated in the rear center seat and was wearing her seatbelt, which was only a lap belt restraint. Our client fell asleep during the car ride and awoke after the Malibu left the roadway and moments before it collided with a tree. WKW alleged there were two primary defects in GM's design of the rear center seat: the it only had a lap belt without an automatic locking retractor mechanism and no shoulder belt, and it did not have an adequate anti-submarining seat design to stop the occupant from sliding under the lap belt. Each of these defects combined to create extreme forces on the victim's abdomen in the collision, and fractured her lower spine causing paraplegia.