Robert M.N. Palmer and William G. Petrus, The Law Offices of Robert M.N. Palmer, P.C. and David Petrich, Sandman, Levy and Petrich for plaintiff; and Mark Boyle, Donohue Brown Mathewson & Smyth for defendant Ford Motor Company and Donald Martin, Martin & Karcazes, for defendants Lopez.

On June 5, 1994, Noemi Rodriguez, then 17 years old, was the front seat passenger in a 1989 Ford Tempo GL which collided with a light pole while being driven westbound on Division Street, in Chicago, Cook County, Illinois by defendant Lopez. The vehicle was equipped with an automatic (passive) shoulder belt and a manual lap belt restraint system. Ms. Rodriguez was wearing the shoulder belt and not the lap belt at the time of the collision. She also apparently had somewhat reclined the back of her seat and had fallen asleep which, combined with not wearing the lap belt, resulted in her submarining under the shoulder belt leaving Ms. Rodriguez a quadriplegic. It was agreed by the parties that the delta-V was approximately 25 mph. The defendant alleged that Ms. Rodriguez was intoxicated at the time of the accident.

Plaintiffs alleged that the restraint system in the 1994 Mercury Tracer 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 Mercury was defective in that it did not provide an adequate warning to Ms. Rodriguez of the need to wear the manual lap belt.

Medical expenses at the time of settlement were $150,813.99.

The case settled for a confidential amount on November 19, 1999.