Da Silva v. Ford Motor Company
While waiting in rush hour traffic for the light to turn green, plaintiff saw a large SUV traveling at a high rate of speed toward her stopped 1999 Ford Explorer. The SUV did not stop, but rather rear-ended the Explorer. The impact caused the Explorer to strike the vehicle in front of it, which in turn, impacted another vehicle. Plaintiff sustained thoracic fractures which resulted in paraplegia. Plaintiff alleged that the driver’s seat and seat belt in the Explorer were defective in design. According to plaintiff’s expert, the seat twisted clockwise in the rear impact and caused the plaintiff to move toward the center of the vehicle and strike her thoracic spine against the seat frame; on rebound, she flexed over the shoulder belt, with this combination of impacts resulting in plaintiff's thoracic injuries. Ford contended that the Explorer and its driver’s seatback assembly were reasonably safe in design and manufacture and did not cause any enhanced injuries to the plaintiff. Ford claimed that the negligence of the SUV's driver and the plaintiff’s failure to wear her seat belt properly by placing the torso portion of the seat belt behind her back caused the plaintiff’s injuries.
