Robert M.N.
Palmer, The Law Offices of Robert M.N. Palmer, P.C. for
Plaintiff; and W. Russell Welsh, Polsinelli, White, Vardeman &
Shalton for Defendant Mazda Motor Corporation.
On September 14, 1994, Eiko Ito Meyer was the front seat
passenger of a 1994 Mazda Protégé, equipped with a motorized
automatic shoulder harness and separate manual lap belt. She was
wearing the passive shoulder harness, but the manual lap belt
was not engaged. The driver of the Protégé lost control of the
vehicle while it was traveling at 30 mph, claiming he had passed
out. The Protégé impacted a utility pole. In the impact, both
Mrs. Meyer's head and pelvis were propelled forward while her
torso remained restrained. This configuration produced a flexion
injury to Ms. Meyer's spine, rendering her a high paraplegic.
Plaintiff sued Mazda Motor Corporation on the theory that the
restraint system was defectively designed in that it did not
have an integrated passive lap belt with the passive shoulder
harness, thereby exposing occupants to the dangers of a crash
without the benefit of a lap belt. According to Plaintiff's
experts, if Mrs. Meyer had been wearing a lap belt, her injuries
would have been minor or non-existent. Plaintiff also pursued a
failure-to-warn claim against Mazda Motor Corporation for
Mazda's failure to properly warn Mrs. Meyer of the need to wear
a lap belt to receive adequate restraint.
The case was
tried before a St. Louis County, MO jury and on October 28, 1997
Plaintiff received a $3,000,000 verdict, the verdict was the
largest personal injury verdict in the history of St. Louis
County.