Robert M.N.
Palmer, The Law Offices of Robert M.N. Palmer, P.C., William C.
Carmody, Susman Godfrey LLP, and Carl R. Roth, Law Offices of
Carl R. Roth, attorneys for plaintiff; and Lewin Plunkett,
Plunkett & Gibson, Inc., attorney for defendant.
On October 22,
1998, Dr. Khadijah Abdul Ali Mohamed, age 37, was operating her
Mazda Protegé, which was equipped with a restraint system that
included an automatic passive shoulder belts and manual lap
belts for the front seat occupants, in a southerly direction on
Greenville Avenue in Dallas Texas. Dr. Mohamed was restrained by
only the passive shoulder belt As she entered the intersection
with Park Lane, in an attempt to turn left onto eastbound Park
Lane, her vehicle was struck by a pick up truck driven by
Gregory J. Graham. Dr. Mohamed suffered fatal injuries to her
liver.
Plaintiff alleged
defendants were negligent in the design and manufacture of the
Mazda Protegé and failed in their duty to exercise ordinary care
in the design of the passive restraint in the Protegé and in
particular its failure to provide adequate pelvic restraint when
used in its passive mode without the lap belt. Plaintiff also
alleged the geometry of the shoulder belt made the belt
unreasonably dangerous. Plaintiff also contended that Mazda
failed to adequately warn of the inherent dangers in the design
of such restraints and failed to properly instruct owners and
operators in the usage of this passive restraint system.
Lost wages were
approximately $109,000 annually and medical bills totaling
$32,255.45.
Settled for a
confidential amount April 5, 2001