Robert M.N. Palmer and William G. Petrus, The Law Offices of Robert M.N. Palmer, P.C.; Michael Tateishi and Shannon Okada, Tateishi & Associate; and Steven Noufer, Noufer & Brown for Plaintiffs. Donald Dawson, Dawson & Clark, P.C.; Kenneth Fukunaga, Fukunaga, Matayoshi, Hershey & Ching; and Randall Y.S. Chung, Matsui, Chung, Sumida & Chang, for Defendants.

Erving Domingo and his wife, Rhonda, were driving to work on Monday, June 5, 1995. As they were heading south on Piilani Highway, with Mr. Domingo driving, defendant Nichole Weldon driving a 1979 Blazer tried to make a left turn onto Lipoa Street in front of the Domingo's 1994 Mercury Tracer, resulting in the two vehicles colliding. Mrs. Domingo, wearing the shoulder belt only in the Tracer's passive belt system suffered fractures to most of her ribs, a broken sternum and fatal injuries to her organs within her thoracic cavity. She bled to death from a ruptured aorta and lacerated liver. Mr. Domingo only sustained a broken leg and Ms. Weldon was uninjured. Mr. Domingo, who was also not wearing his lap belt, did have the advantage of an air bag and Ms. Weldon had on her manual lap/shoulder belt.

Plaintiffs alleged that the restraint system in the 1994 Mercury Tracer was defective and unreasonably dangerous in that it failed to have an integrated lap belt. This particular restraint system contains a motorized shoulder belt with a separately operated manual lap belt. Plaintiffs further claimed that the Mercury was defective in that it did not provide an adequate warning to Mrs. Domingo of the need to wear the manual lap belt.

Mrs. Domingo was 42 years old at the time of her death and employed. She is survived by her husband and two children. Plaintiffs were seeking approximately $25,000.00 in medical and funeral expenses and $500,000.00 for past and future earnings.

The case settled for a confidential amount on May 14, 1999.