Robert M.N. Palmer
and William Petrus, The Law Offices of Robert M.N. Palmer, P.C.,
and Erwin L. Milne, Andereck, Evans, Milne, Peace & Johnson,
L.L.C., for plaintiffs and Robert T. Adams and Douglas W.
Robinson, Shook, Hardy & Bacon, L.L.P. for defendant.
On or about December 16, 1995, Plaintiff Angelia Beanland was a
right front seat passenger in a 1995 Mercury Tracer operated by
Donna Woods. Plaintiffs’ one-year-old daughter, Brooklyn
Beanland, was rear seat passenger restrained in a child car
seat. Angelia Beanland was wearing the available passive
shoulder belt and manual lap belt. Donna Woods lost control of
the Tracer while traveling on Rout Y in Miller County, Missouri,
and left the roadway. The tracer sustained a frontal collision
with a slight embankment that deployed the air bags and caused
the Tracer to go airborne for approximately 40 feet. Ms.
Beanland moved toward the front of the seat cushion and, when
the Tracer landed on its tires, sustained a L1 burst fracture
with neurological impairment. She remained ambulatory and able
to work but lost sensation in the area of her perineum and
suffered a diminution of bowl and bladder control. Donna Wood
suffered minor injuries to her chin and throat. Brooklyn
Beanland did not suffer any injuries.
As a result of the design of the front passenger seat bottom and
the seat belt restraints, plaintiff Angelia Beanland’s injuries
were enhanced and increased above that which she would have been
expected to receive in this collision with a non-defective front
passenger seat. The design of the manual lap belt permitted her
to move forward and be on top of the anti-submarining bar in the
seat bottom transmitting the collision forces through her spinal
column.
Medical Expenses were approximately $105,000 and the
Life Care Plan
calculated at $1,076,383.
Settled for a
confidential amount on February 11, 2002.