Thienmanee v. Nissan Motor
On May 20, 1992 at 8:00 p.m. Plaintiffs' Deceded daughter,
a 16 year-old student, was driving her new Nissan Stanza.
She was wearing her automatic shoulder belt but was
not using her manual seat belt. Plaintiff drove northbound
on Lennox Ave. in Van Nuys to the "T" intersection
with westbound Sherman Way.
Sherman Way is uncontrolled and Lennox is controlled
by a stop sign. According to witnesses, Plaintiff made
a complete stop and began a slow left turn. She crossed
over the two eastbound lanes and had almost completed
her turn when an oncoming LAPD patrol car, responding
to a 911 call without lights or siren, collided with
Plaintiff's left real wheel, causing her car to spin
into the #2 westbound lane of Sherman Way. The driver
was found just outside the car between her open door
and the door jamb, suspended by the shoulder belt around
her neck. She was transported by ambulance to the hospital
where she was later pronounced dead.
Plaintiff stated that during the initial phase of the
impact, Decedent moved forward and to her left up against
the left door panel. The left door then almost immediately
popped open and Decedent continued moving left, with
her torso submarining under the shoulder belt; that
she was thrown out the open door until she was ultimately
held back only by her head/neck catching on the shoulder
belt.
Plaintiff contended that the occupant restraint system
incorporated in the 1992 Nissan Stanza was defective;
that defendants knew that the motorized shoulder harness
and manual lap belt design posed a harmful and potential
fatal risk if improperly worn; that Defendants knew
many consumers could easily fail to engage the manual
lap belt. Plaintiffs further contended that Defendants
did not properly warn consumers of the risks/dangers
associated with the motorized shoulder and manual lap
belt system; that the door latch, a component of the
vehicle's occupant restraint system, was defective in
that the driver's door opened during the collision sequence
which caused Decedent driver to be thrown out of the
vehicle.
Defense contended that the occupant restraint system
incorporated in 1992 Nissan Stanza was not defective
in that it met the criteria set by the applicable Federal
Motor Vehicle Safety Standards; that the fatal injuries
that the Decedent caused the collision by making a left
turn in front of the oncoming patrol car.
On July 30, 1997 the jury came out with a $3.15 million
verdict. |
