Robert M.N. Palmer
and William Petrus, The Law Offices of Robert M.N. Palmer, P.C.,
and Ronald P. Pope, Ralston, Pope & Diehl, L.L.C., attorneys for
plaintiffs; and Robert T. Adams and Douglas W. Robinson, Shook,
Hardy & Bacon, L.L.P., attorney for defendant Ford Motor
Company; John L. Andra, Morris Laing, Evans, Brock & Kennedy,
attorney for defendant Hartenberger and Harry M. Bleeker,
Watkins, Calcara, Rondeau, attorney for Grandville Bush,
Administrator of Estate of Defendant Morsbach.
On December 31, 1999, at 2:10 p.m., Dori Ann Mead was the right
front seat passenger in a 1992 Ford Tempo driven by defendant
Robert Hartenberger that was headed west on U-56 in Barton
County, Kansas. A 1995 Chevrolet Monte Carlo driven by defendant
Eugene Morsbach heading in the opposite direction crossed the
center line, entered the westbound lane and collided head on
into the 1992 Ford Tempo. Ms. Mead was fully using the passive
restraint system including the shoulder belt in the Tempo, but
was not wearing the manual lap belt. As a result of the
accident, Ms. Mead was rendered a ventilator dependant
quadriplegic. Ms. Mead was so severely injured that she was only
able to move one eye, which she used to communicate with her
family and doctors. Ms. Mead died as a result of complications
from her injuries on October 21, 2001.
Plaintiffs alleged
that the passive restraint system (i.e. automatic shoulder belt
and knee bolster) did not provide adequate pelvic restraint
which allowed Ms. Mead to submarine under the shoulder belt and
thereby produced her catastrophic neck injuries. Plaintiffs also
contended that Ford failed to provide adequate warnings to
occupants that the passive belt system was inadequate and not
safe when used by itself. Plaintiffs also argued that the
placards on the front and back of both sun visors did not comply
with Ford’s worldwide standards and the applicable ANSI
standard. Plaintiffs were also prepared to offer an alternative
chime or buzzer system that would cycle for longer periods of
time than the standard 4 to 8 seconds used by Ford.
Medical expenses
$2,287,155.81.
Case settled for a confidential amount on April 9, 2002.