Robert M.N. Palmer and William Petrus, The Law Offices of Robert M.N. Palmer, P.C., and James J. Murphy and Thadd J. Llaurado, Murphy, Gillick, Wicht & Prachthauser for plaintiff and Kurt D. Geske, Bowman and Brooke, LLP for defendant Ford Motor Company; and M. Jacqueline Yates, Stammer, McKnight, Barnum & Bailey for defendant Ndoh.

On August 20, 1999, Carla Weiser, 21, was operating a 1993 Ford Thunderbird in Hanford, California. A 1997 Chevrolet Astro Van ran a stop sign and struck the Weiser vehicle broadside. The Thunderbird was knocked off course, spun clockwise and collided with a skid loader approaching from the opposite direction. The driver’s door of the Thunderbird opened as the vehicle spun away from the skid loader. Carla Weiser, wearing the automatic shoulder harness, was partially ejected from the vehicle through the open door. As she was ejected, Ms. Weiser was hung by the neck from the shoulder strap, rendering her quadriplegic.

Plaintiff regularly used the manual seatbelt when operating this vehicle. On this occasion, she apparently forgot to apply the manual seatbelt. (Plaintiff was amnesiac concerning the accident.)

Regarding the restraint system defect, plaintiff contended that Ford failed to provide adequate warnings to occupants that the passive belt system was inadequate and not safe when used by itself. Plaintiff 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. Plaintiff was 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.
 

With regard to the door latch defect, plaintiff argued that the vehicle as designed and constructed failed to prevent the door from opening in a foreseeable side impact accident.
 

Defendant contended that plaintiff’s claim with regard to the restraint system was preempted by FMVSS 208, but their Motion for Summary Judgment was denied. With regard to the door latch claim, defendant contended that the door opened as a result of the violence of the collision with the skid loader rather than any defect in the latch system.
 

Case settled for a confidential amount on February 22, 2002.