Robert M.N. Palmer, The Law Offices of Robert M.N. Palmer, P.C., Springfield, MO, and Randall C. Roberts, Roberts & Roberts, Tyler, TX, attorneys for plaintiff. David M. Prichard and Karl T. Rivas, Prichard, Hawkins & Young, LLP, San Antonio, TX attorney for defendant.

On the morning of April 9, 2001, 5-year-old Miranda Welch was riding in a 1999 Chevrolet Malibu, being driven westbound on Cayuga Drive in Athens, Texas by her mother, Jody Welch. Jody had placed Miranda, who had outgrown her booster seat, in the restraint system in the left rear passenger seat before leaving home that morning.

At some point prior to the accident, due to the poor design and fit of the shoulder portion of the restraint system which caused Miranda discomfort because it cut across her neck, Miranda slid her arm out from under the shoulder strap and tucked the strap behind her back. The lap belt portion of the restraint system remained in place. Because Miranda was seated directly behind her mother, Jody was unaware that Miranda had moved the shoulder strap.

As Jody drove the Malibu westbound on Cayuga Drive, Defendant Yvonne Loden was operating her 2001 Chevrolet Cavalier eastbound on Cayuga Drive. Ms. Loden disregarded a no passing zone and collided with Jody Welch's vehicle head-on.

During the crash sequence, Miranda moved forward and submarined underneath the lap belt portion of the rear seat lap and shoulder belt in the Malibu. As a result of submarining under the lap belt, Miranda sustained a Chance fracture to her lumbar spine, which permanently rendered her a paraplegic. Jody Welch, the restrained driver of the Malibu, suffered only minor injuries from which she has fully recovered.

Miranda Welch is a seven year old girl who is paralyzed from the waist down and unable to control her bladder as well as her bowel movements. She is confined to a wheelchair, wears diapers, has to be catheterized every four hours, and will require various forms of therapy for the rest of her life. Although she is able to crawl, she has a permanent spinal cord injury as a result of the L1-2 Chance fracture she sustained in the motor vehicle accident on April 9, 2001.

Plaintiff's allegations against General Motors Corporation were negligence, strict liability - defective design, regarding the design of the occupant restraint system in the rear outboard seating positions of the General Motors vehicle in which Miranda was riding, especially in its inability to properly restrain children and the failure of General Motors Corporation to provide adequate instructions and adequate warnings of the dangers arising from the use of the rear outboard restraint system by smaller occupants.

Future estimated heath care costs range: $5,044,646.00 and $6,636,231.00.

Future loss of earning capacity estimated range between $189,990.00 and $373,800.00.

Case settled for a confidential amount on June 5, 2003.