Robert M.N. Palmer and William G. Petrus, The Law Offices of Robert M.N. Palmer, P.C. and Charles A. Saladino, The Saladino Law Firm for Plaintiffs; and Byron Miller, Thompson & Miller, P.L.C., for Defendant Ford Motor Company and John S. Hoffman, Stoll, Keenon & Park, L.L.P., for Defendant Tommy Blair, Inc.

On April 5, 1998, Kendra Byassee, nine years of age, was a front passenger in a 1995 Mercury Cougar operated by her mother, Wendy Byassee. Kendra Byassee was wearing the available three-point restraint belt provided in the vehicle. Traveling on KY 1371 in Carlisle County, Kentucky at approximately 7:36 p.m., the vehicle hit a deer that ran onto the road from a wooded area. The delta-V as determined by the National Highway and Traffic Safety Administration which had investigated the accident was 3 to 5 mph. During the collision sequence both of the front air bags deployed. Kendra Byassee received fatal neck injuries as a result of the deployment of the front passenger side air bag. Wendy Byassee was not injured in the collision.
 

Plaintiff alleged that the passenger side air bag in the subject vehicle should never have deployed in this low-energy collision which was lower than Ford Motor Company's deployment threshold for this vehicle. It was further alleged the Ford designed deployment threshold was too low, that the bag was too big and too aggressive and failed to have a tether. Furthermore, plaintiffs alleged that the Mercury was defective in that it did not give adequate warning of the danger of children riding in the front seat of the subject vehicle.
 

The case settled for a confidential amount on November 29, 1999.