Robert M.N. Palmer, The Law Offices of Robert M.N. Palmer, P.C., for Plaintiffs. Walter Lancaster and David Rammelt for Defendant.

Plaintiff Marikay Lupo was the right front passenger in her family's 1983 Cadillac Seville, when it collided with the back of a truck. Mrs. Lupo was wearing her three-point manual seatbelt and while her husband drove she had reclined her seat to sleep. At impact, due to the recline angle, Mrs. Lupo submarined under the belts and was caught at the neck by the shoulder harness, suffering severe subluxation in her spine at C3-4, rendering her quadriplegic. Her catastrophic injury was compounded by the fact that she still had sensation in her skin below the shoulders, and suffered from severe hypersensitivity, so that the slightest touch caused extreme burning pain. Marikay Lupo was a 34 year-old mother of four at the time of her accident.

Plaintiffs brought suit against General Motors for a defective designed of the seat, in that the seat was designed so that it could be reclined while the vehicle was in motion, thereby greatly increasing the chance of and degree of injury in the event of a collision. Plaintiff further contended the seatback was defective in that it lacked sufficient strength to withstand the reasonably expected forces of a collision. Plaintiffs also asserted a claim that GM failed to provide adequate warnings and instructions which would effectively communicate the extreme dangers of reclining the front seats while the vehicle was in motion, and while utilizing the provided three-point restraints.
 

Mrs. Lupo's medical expenses were approximately $179,000 at the time of settlement. Her life care plan suggested that an additional $7 million to $10 million would be required to maintain her for the remainder of her life.
 

The case settled for a confidential amount on December 20, 1993.