Robert M.N. Palmer and William G. Petrus, The Law Offices of Robert M.N. Palmer, P.C. and Robert S. Halas, Mencl & Halas, for plaintiffs; and Gary R. Cunningham, Daniel, Clampett, Powell & Cunningham, L.L.C., and Robert Haddad, Miller, Canfield, Paddock & Stone, for defendant DaimlerChrysler.

On the afternoon of November 26, 1994, Mrs. Kristeena Cloud and her two children, Chad (four-years old) and Crystal (two-years old), were driving in their 1988 Plymouth Horizon on Fox Creek Road in Eureka, Missouri. At approximately 3:30 p.m., Mrs. Cloud was southbound on Fox Creek Road at a point where the road makes a sharp turn toward the driver's right. For reasons unknown at this time, Mrs. Cloud's vehicle crossed the center line, colliding head on into a 1981 Ford Mustang driven by Keith M. Neustaedter.

At the time of the accident, Ms. Cloud’s daughter, Crystal, was restrained in a child's car seat in the back passenger-side seat. She suffered only minor injuries. Ms. Cloud’s son, Chad, was in the back driver-side seat wearing the lap-only belt system. even Though the lap belt stayed on his pelvis, Chad suffered an injury to his thoracic spine rendering him paraplegic.

The lap-only belt system is an unreasonably dangerous restraint system because it, among other things, allows forward flexion of the torso exposing the occupant to the risk of hitting his or her head on vehicle structures in front of the occupant. The lap-only belt system is also unreasonably dangerous because it can induce intra-abdominal trauma, injury to the pelvis, injury to the lumbar spine or external contusions. It has been well established for many years that lap/shoulder belts provide superior crash protection to that of lap-only belt systems.
 

Prior to the manufacturing the subject vehicle, Chrysler provided three-point lap/shoulder belts in rear outboard seating location in vehicles manufactured for sale in other countries. (The 1979 Chrysler Lancer sold in Australia, the 1979 Chrysler Simca sold in France, and the 1980 Chrysler Simca sold in Germany.) Chrysler even provided three-point lap/shoulder belts in rear outboard seating locations in some vehicles manufactured for sale in the United States. (The 1981 Dodge Colt Vista sold in the United States) However, Chrysler failed to provide lap/shoulder belts in the rear outboard seating location in the 1988 Plymouth Horizon sold in the United States.
 

Medicals at the time of settlement were $380,287.83 and the estimated life care plan was $4,381,126.65.
 

The case settled for a confidential amount on September 6, 2000.