Robert M.N. Palmer, The Law Offices of Robert M.N. Palmer, P.C. and Mark Parrish, Totta & Parrish, P.C. for Plaintiffs. John Murphy, Shook, Hardy & Bacon, L.L.P., for Defendant Ford and Rich Tiemeyer for Defendant Missouri Highway and Transportation Commission.

On August 6, 1994, Phillip and Donna Foster were in their 1993 Ford Escort station wagon with their two children traveling east on Route U in Stoddard County, Missouri. A 1991 Buick Roadmaster station wagon driven by Velta Pinnon traveling south on Route H ran a stop sign controlling the intersection of Route U and Route H and collided with the passenger side of the 1993 Ford Escort. Both cars were traveling approximately 55 mph. The Escort contained two-point motorized shoulder belts and manual lap belts in the front seat and standard manual three-point belts in the back seat. The children in the back seat of the Escort were unhurt in the collision. Mr. Foster, who was wearing the two-point motorized shoulder belt and the manual lap belt, received only moderate injuries. However, Mrs. Foster, who was wearing only the motorized two-point shoulder belt and was not wearing the manual lap belt, was ejected from the Escort when the door opened during the accident and was killed.

Plaintiffs brought suit against Ford Motor Company alleging that the occupant restraint system provided for the front seats of the 1993 Ford Escort which consisted of a motorized shoulder belt and a manual lap belt was defective in that it lacked an integrated shoulder and lap belt, thereby permitting the occupant to only use the shoulder belt. In addition, Plaintiffs claimed that Defendants failed to adequately warn occupants that it was absolutely necessary to use the lap belt to avoid serious injury.
 

The case settled for a confidential amount on March 5, 1998.