Robert M.N.
Palmer, The Law Offices of Robert M.N. Palmer, P.C.,
Springfield, MO, Jonathan H. Barnard, The Law Offices of
Jonathan H. Barnard, Quincy, IL, and John Wallach, Hoffman &
Wallach, St. Louis, MO attorneys for plaintiff. Vincent Galvin,
Barbara Frischholz, Bowman & Brooke, San Jose, CA and
Christopher Wadley, Lord Bissel & Brook, Chicago, IL attorneys
for defendant.
On the evening of February 24, 2001, 12-year-old Jacob Harrison
was riding in a 1995 Chevrolet Monte Carlo, being driven
northbound on Illinois 96 by his cousin. Jacob’s sister was
riding in the front passenger seat, and Jacob was sitting in the
rear center position with his lap belt fastened. The rear center
seating position of the 1995 Monte Carlo was equipped by GM with
only a lap belt; there was no shoulder harness available to
Jacob in that position. The girls have said that on that day
they suggested Jacob ride in that position because they had
always been given to understand the center position was the
safest in the rear of a vehicle. As Jacob's cousin drove the
vehicle northbound to the T-intersection of Illinois 96 and
Illinois 106, she went through a stop sign and crossed the
T-intersection, colliding frontally with a raised curb/sidewalk
structure. During the crash sequence Jacob, with only the lap
belt to restrain his lower body and no shoulder belt to restrain
his upper body, violently “jackknifed” over the lap belt,
causing catastrophic injuries, including massive abdominal
injuries from the lap belt, and massive closed head injuries
from striking the rear portion of the center console between the
front seats. Jacob Harrison died a few hours after the accident.
In the same accident, the girls in the front seats who did have
shoulder harnesses and airbags provided by GM, received
relatively minor injuries and have fully recovered.
Plaintiffs alleged negligent design and strict product liability
against General Motors for failure to provide effective and
proper restraints for the center rear seat occupant. In
particular, plaintiffs contended that General Motors should have
provided a lap and shoulder belt for the center seat position.
Plaintiffs also contended that General Motors failed to provide
adequate and effective warnings and instructions regarding the
dangers of lap-belt-only restraints.
Case settled for a confidential amount on May 6, 2003.
