Robert M.N. Palmer, The Law Offices of Robert M.N. Palmer, P.C. and Gary A. Tatlow, Tatlow, Gump & Faiella, L.L.C., for Plaintiffs; and Rodney Loomer, Turner, Reid, Duncan, Loomer & Patton for Defendant General Motors Corporation and Jeffrey Parshall, Knight, Ford, Wright, Atwill, et al., for Defendant Davis.

Jacob Johnson, age 5, sustained a serious closed head injury from a head-on motor vehicle accident on February 22, 1996. Jacob was wearing the lap and shoulder passive restraint provided for the front passenger seat in the 1992 Chevrolet Lumina being driven by his father Gerald Johnson when it was struck by a 1985 Ford Escort being driven by James Davis. Mr. Davis, for reasons unknown, crossed the center line of Highway JJ in Randolph County Missouri resulting in a frontal offset collision. It was agreed by both parties that the delta-V (deceleration velocity) was approximately 30 mph. The passive lap and shoulder belt provided in the Chevy Lumina permitted Jacob Johnson to move forward excessively so that he was able to strike his head on the instrument panel and thereby receiving his brain damage. Mr. Johnson, who was also wearing the automatic lap and shoulder belt, received a dislocated hip from which he has fully recovered. Mr. Davis, who was completely unrestrained during the accident, also received a dislocated hip from which he has completely recovered.
 

Plaintiffs sued General Motors on the theories of strict liability, negligence and failure to warn. Through evidence developed by plaintiffs during discovery it was determined that General Motors was aware that the particular restraint system in the Chevy Lumina ("W" car) did not adequately restrain small occupants. General Motors engineers had suggested a number of changes for the 1992 Chevy Lumina, none of which were implemented. Honda had in fact employed many of these alternative designs on its vehicle with a similar belt system. General Motor's own engineers observed that the Honda restraint system provided much better restraint to small occupants than did that of the Chevy Lumina. Plaintiffs were therefore suing General Motors on the theory that the restraint system in the Chevy Lumina was defective and unreasonably dangerous, and that had it been designed properly, Jacob Johnson would have sustained only minor injuries. Further, plaintiffs were pursuing the theory of failure to warn in that nowhere in the car or owners manual did General Motors warn that smaller occupants, especially children, should ride in the back seat, despite the overwhelming evidence that General Motors was aware of the dangers for small occupants in the front seat.
 

Medical expenses at the time of settlement were $220,629.84
 

Case settled for a confidential amount on February 11, 2000.