Robert M.N. Palmer, The Law Offices of Robert M.N. Palmer, P.C. and Charles A. Saladino, Saladino Law Firm, for Plaintiff. W. Russell Welsh, Polsinelli, White, Vardeman & Shalton and William Grubbs for Defendant.

On September 15, 1990, 34 year-old Jackie Gills was the right front passenger in his friend's 1988 Ford Escort GT. The car was equipped with Ford's standard "passive" restraint system: a motorized shoulder harness, manual lap belt and, Ford contends, a knee bolster. Mr. Gills had the seat reclined with the motorized automatic shoulder harness engaged. The manual lap belt was not engaged. The driver of the vehicle momentarily dozed off, and the car drifted off the roadway and struck a culvert. The delta-V was estimated (by both Plaintiff's and Defendant's experts) to be approximately 30.
 

At impact, Mr. Gills submarined beneath the shoulder harness, caught his neck on the belt, and received severe spinal cord injuries which rendered him paraplegic.

Plaintiff brought suit against Ford Motor Company on the theory of design defect, in that a lap belt should have been an integrated part of the passive restraint system, and that a "passive system" without such an integrated lap belt is unreasonably dangerous. Plaintiff further alleged failure to warn of the need to wear a lap belt and failure to warn of the dangers of riding with the seat reclined.
 

The Gills case was only the second motorized shoulder harness/manual lap belt case to be tried in the U.S. Trial was before a Louisville, KY jury July 11-22, 1994, and after 5 days of deliberation, the jury returned a $2,500,000 Plaintiff's verdict.