Robert M.N. Palmer
and William Petrus, The Law Offices of Robert M.N. Palmer, P.C.
and Ronald D. Harrison, Ledbetter, Cogbill, Arnold & Harrison,
LLP, counsel for Plaintiffs and Edwin L. Lowther, Jr., Wright,
Lindsey & Jennings, LLP, counsel for Defendant Ford Motor
Company and David E. Morris, counsel for Defendant Cockrum.
On March 13, 1997, at approximately 2:37 p.m., Plaintiffs’
Decedent, Heather Jordan, was the front seat passenger of a 1994
Ford Escort, operated by Gwendolyn Rose Russell, traveling
eastbound on Rogers Avenue. Suzanne L. Ball was operating a 1995
Chevrolet Corsica traveling in a westerly direction in the
inside lane of Rogers Avenue. Defendant Cockrum was the operator
of a 1994 General Motors Corporation pickup flatbed owned by
Terry Cockrum and Lisa Cockrum. The vehicles in front of Ms.
Ball’s vehicle stopped and, accordingly, Ms. Ball brought her
vehicle to a complete stop. Defendant Cockrum’s vehicle was
traveling behind Ms. Ball’s vehicle and rear ended Ms. Ball’s
vehicle shoving her vehicle into the eastbound lanes of Rogers
Avenue causing Ms. Ball’s vehicle to collide with the subject
vehicle being operated by Gwendolyn Russell and occupied by
Decedent, Heather Jordan. The occupant restraint systems
provided for front seat passengers of the 1994 Ford Escort
included a motorized, passive shoulder harness and a manual lap
belt for each of the two front seat occupant positions and an
air bag for the driver. Decedent, Heather Jordan, was restrained
by the motorized passive shoulder harness but not the manual lap
belt. As a result of the impact between the subject vehicle and
the vehicle operated by Ms. Ball, Decedent, Heather Jordan, made
contact with the motorized, passive shoulder harness and was
restrained by that shoulder harness in such a fashion as to
concentrate the restraint or belt loads in the area of her
chest, rupturing her aorta, resulting in fatal injuries.
Plaintiffs alleged
that the restraint system in the 1994 Ford Escort 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 Ford was defective in
that it did not provide an adequate warning to Ms. Jordan of the
need to wear the manual lap belt.
Case settled for a
confidential amount on. May 16, 2000