Robert M.N. Palmer and William Petrus, The Law Offices of Robert M.N. Palmer, P.C. and Alvin A. Wolff, Jr., Wolff and Associates, for plaintiff; and G. Keith Phoenix, Sandberg, Phoenix & von Gontard, P.C., for defendant American Honda Motor Company; Marc A. Lapp, Law Offices of Marc A. Lapp, for defendant Kyle Scherzer; and Harry M. Stockman, John M. Heyl & Associates, for defendant Jason Campagna.

On or about March 28, 2000 Plaintiff was a restrained, rear seat passenger in a 1997 Honda Prelude that was traveling on eastbound Town and Four Drive in St. Louis County, Missouri, when a motor vehicle being driven by Defendant Jason Campagna, an uninsured motorist who fled the scene was racing and chasing the Prelude, driven by defendant Kyle Scherzer. Plaintiff’s vehicle collided with a tree when defendant Scherzer was trying to evade defendant Campagna’s vehicle. Plaintiff sustained a ruptured carotid artery which resulted in loss of or diminished use in his right leg and arm. Plaintiff also ruptured his bowels, sustained fractures in his hand and back.

Plaintiff pursued two related theories of liability against the Honda defendants. The rear seating positions of the Prelude did not accommodate a full-size (approximately 6 ft.) adult, so plaintiff sat with his knees curled up near his chest, a position that pre-disposed him to submarine the lap belt. In addition, the inboard anchor point for the rear seat three-point belt deformed significantly in this 35 to 40 mph crash. This deformation had the effect of inducing slack in to the belt system, allowing plaintiff to submarine the lap belt, causing abdominal injuries, and submarine the shoulder belt, causing restraint loads to be applied to the base of the neck that ruptured the carotid artery.

Medical expenses $100,000.
 

Settled for a confidential amount on March 7, 2002.