Robert M.N. Palmer
and William G. Petrus, The Law Offices of Robert M.N. Palmer,
P.C., and G. Lynn Shumway, The Law Offices of G. Lynn Shumway,
attorneys for plaintiff; and: Patrick X. Fowler, and Greg
Marshall, Snell & Wilmer, L.L.P, attorneys for Ford Motor
Company and Steven Plitt, The Law Offices of Sanders & Parks,
P.C., attorney for Babitt Ford L/M, L.L.C..
On September 12, 1998, Alice Fritz, sixty-nine years old, was
the front seat passenger in a 1993 Ford Escort being driven by
her granddaughter, Angela Delgarito. The Escort was headed
westbound on Rout 66 approaching Switzer Canyon Road in
Flagstaff Arizona. Joe Oden Vandever driving a 1997 Chevrolet
pickup truck made an illegal left turn in front of Ms. Delgario
causing a collision. The Ford was equipped with an automatic
(passive) shoulder belt and a manual lap belt restraint system.
Ms. Fritz was wearing the shoulder belt and not the lap belt at
the time of the collision. Ms. Fritz suffered a C6-C7
dislocation with quadriplegia.
Plaintiff alleged that the restraint system in the 1993 Ford
Escort was defective and unreasonably dangerous in that it
failed to adequately restrain Ms. Fritz. This particular
restraint system contains a motorized shoulder belt with a
separately operated manual lap belt. Plaintiff further claimed
that the Escort was defective in that it did not provide an
adequate warning to Ms. Fritz of the need to wear the manual lap
belt.
Medical expenses
$474,817.00.
Case settled for a confidential amount on August 14, 2002.