Brent Carpenter, Carpenter & Carpenter, Robert M.N. Palmer, The Law Offices of Robert M.N. Palmer, P.C., and Carl R. Roth, Law Offices of Carl R. Roth for plaintiffs; and Kurt C. Kern, Hartline, Dacus, Dreyer & Kern, counsel for defendant and third party plaintiff, Mazda Motor Corporation and Mazda Motor of America, Inc., and Gregory S. Porter, Buchanan, Kent, P.C., counsel for third party defendant Sritawat Treekhem.

On November 5, 1998, decedent, Kenneth Evens was driving east on 100 Flower Mound Road, in Flower Mound, Texas in his 1993 Mazda Protegé. Third-party defendant, Sritawat Treekhem, driving west crossed the centerline and struck Mr. Evan’s Mazda. Mr. Evans was properly wearing the motorized, passive shoulder belt. He had not put on the manual lap belt. As a result of being only restrained by the passive shoulder belt, he sustained fatal injuries to his chest. Mr. Evans was 34 years old at the time of his death. He left behind a wife and three children.

This particular passive restraint system contained a motorized shoulder belt. The vehicle also came equipped with a separately operated manual lap belt. Plaintiffs alleged that the passive restraint system in the 1993 Mazda Protegé failed to provide adequate restraint to the lower torso of Mr. Evans and thereby resulted in his fatal chest injuries. Plaintiffs further claimed that the Mazda was defective in that it did not provide an adequate warning to Mr. Evans of the need to wear the manual lap belt.

Medical expenses - $3,298.00 and future lost wages were estimated to be $2,000,000.00.

Settled for a confidential amount.