Robert M.N. Palmer, The Law Offices of Robert M.N. Palmer, P.C., and David W. Little, Law Offices of David W. Little, P.C. attorneys for plaintiffs and Douglas W. Robinson, Shook, Hardy & Bacon, L.L.P., and Curtis Smith, Chubbuck, Smith, Rhodes, Stewart & Elder, P.L.L.C., attorneys for Defendant Ford Motor Company; and Roger Rinehart, Rinehart, Rinehart & Rinehart, P.C., attorney for defendant Diffee Ford Lincoln Mercury, Inc..
 

On May 29, 2001 three-year old Austin Wright rode with his mother, Lydia Moldrup, in their 1996 Lincoln Town car to Lydia's father-in-law's residence in Seiling, OK. Lydia ran inside to have her husband, Shannon Moldrup, sign a check to take to the bank. She left Austin in the car, sitting in his child car seat. She had turned off the ignition, but left the keys in the ignition. When Lydia came out a few minutes later, she discovered Austin entrapped by the neck in the power window of the right rear seat. She ran to the car, opened the door and tried unsuccessfully to lower the window. She ran to the driver's side, started the car and got the power window to roll down freeing Austin. Austin was not breathing and was cyanotic. After being rushed to the hospital he was stabilized. During his stay in the hospital, along with medical care for his injuries, he also received physical therapy, occupational therapy and speech therapy. Austin has permanent significant neurological deficits due to severe anoxic brain injury caused by strangulation.
Plaintiffs’ alleged that the power windows in the 1996 Lincoln Town car were defective in that they used switches that had been known for years to be dangerous to children. These rocker or toggle switches can be inadvertently activated by the knee or foot of a child attempting to look out the window. It has been estimated that 500 individuals (mostly children) are injured or killed a year by power windows with these dangerous switches. The simple accepted fix for this problem is the push down/pull up switch used by most Japanese and many European automobile manufacturers since the 1980s. Despite the fact that no child has ever been hurt by an inadvertently activated power window in a car with push down/pull up switches, Ford has refused to utilize this design in its vehicles for what it says are “stylistic” reasons but instead chooses to blame the caregivers for leaving the child in the car unsupervised.

His past medical expenses were $100,355. His life care plan predicted his future care to cost $2,930,646.66 and his future lost wages were calculated at $1,269,000.

Case settled for a confidential amount on October 16, 2003.