Robert M.N. Palmer, The Law Offices of Robert M.N. Palmer, P.C., Springfield, MO, Christine Spagnoli, Greene, Broillet, Taylor, Wheeler & Panish, LLP, Santa Monica, CA attorneys for plaintiff and Vincent Galvin, Jr., Bowman and Brooke attorney for defendant.

On the morning of March 1, 2001, Jessika Niley was driving her brother, James Niley, to school. Jessika and James were both wearing the lap shoulder belt provided for their respective seating positions. James Niley was seated in the front right passenger seat. The 1996 Chevrolet Corsica being driven by Jessika was equipped with a driver side air bag but was not equipped with a passenger side air bag. Jessika, traveling east bound in the inside lane on Elk Grove Boulevard in Sacramento County, for unknown reasons, drifted across the center line into the inside west bound lane and collided head-on into a 1990 Honda Accord being operated by Elisabeth Link. At the time of the collision, the driver's side air bag deployed.
 

As a result of the deployment of the driver's side air bag, Jessika Niley received severe and permanent injuries, including irreversible brain damage. James Niley received physical injuries from which he has fully recovered and sustained severe emotional distress and mental suffering from observing the injury to his sister, Jessika Niley.
Plaintiffs alleged negligent design and strict product liability for the defective design of the driver's side air bag in the 1996 Chevrolet Corsica. The air bag in the 1996 Chevrolet Corsica failed to protect Jessika and, for a small-statured driver like Jessika, was the main contributing cause of her catastrophic injuries. At the time of the accident, Jessika weighed 130 pounds and was 5’3” tall. Due to Jessika’s short stature, she sat with her seat close to the steering wheel to enable her feet to reach the pedals. Jessika was therefore very close to the air bag when it deployed with explosive force smashing into her face and causing her brain damage. Plaintiffs also contended that General Motors Corporation failed to provide adequate warnings or instructions to reduce or minimize the potential for death or injury to occupants from the deployment of the driver's side airbag.
 

Case settled for a confidential amount on May 2, 2003.