Robert M.N. Palmer, The Law Office of Robert M.N. Palmer, for Plaintiff; and Rodney E. Loomer, Turner, Reid, Duncan, Loomer & Patton, for Defendant.

While driving his new 1991 Pontiac Grand Am, Plaintiff Jeffrey Whitchurch left the roadway in an attempt to avoid hitting an animal. The vehicle rolled and Mr. Whitchurch was ejected, receiving mild traumatic brain damage. His medical expenses were in excess of $118,000. The 1991 Grand Am was equipped with a three-point door mounted seat belt which Mr. Whitchurch had on at the time of the accident.

In the accident, even though Mr. Whitchurch was properly wearing the restraint, when the door opened it carried the door mounted belt with it, effectively "unbelting" Mr. Whitchurch and allowing him to be ejected. Plaintiff's experts were prepared to testify that mounting a restraint to a vehicle door made it defective, since doors open in a large percentage of rollover accidents.

The case settled for a confidential amount on March 25, 1996.