$8M Seatback Defect Verdict Awarded to Family of Girl with Traumatic Brain Injury
A jury has awarded the family of Aaliyah George an $8 million seatback collapse verdict for catastrophic injuries she sustained during a Missouri car accident in 2007. George was 2-years-old at the time. Johnson Controls, Inc., the company that designed and manufactured the car seat that malfunctioned, is the defendant of this Missouri auto products liability lawsuit.
Aaliyah was injured on October 24, 2007 when the 1997 Dodge neon that she was riding, which her grandmother Margaret Steele was driving, was rear-ended by another vehicle. During the collision, the driver’s seat fell backward, causing Steele to fall back and her head to strike Aaliyah, who was in her child safety seat, on the head.
Because of the seatback defect, the little girl suffered a traumatic head injury, brain damage, multiple fractures, and permanent partial paralysis to her right side. Also, her thought, speech, and learning capabilities suffered significant damage. Aaliyah’s auto products liability lawyers say it is unlikely that her cognitive development will advance beyond that of an adolescent.
According to Dolan Media Newswire, a month before the civil trial the plaintiff’s attorneys dropped the negligence and punitive damages claims against the defendant. This means that Johnson Controls could not offer its primary defense that the seats had been designed according to Chrysler’s specifications. The only claim left was that of strict product liability, which does not require the defendant to have engaged in misconduct to be held liable.
Seatback Failure
Seatback malfunctions can result in serious injuries and deaths. A collapsing seatback can:
• Cause a driver—if it is his/her seat that collapses—to lose control of the vehicle.
• Result in partial or complete ejection for the seat occupant from the auto.
• Throw the seat occupant into the other vehicle occupants or against the auto's interior.
• Cause serious injury to the seat occupant and to the person sitting behind the defective seat.
Platte County jury awards $8M judgment for injured girl, Missouri Lawyers Media/Dolan Company, August 2, 2010
Mo. jury awards family $8M from Johnson Controls, Business Week/Associated Press, August 4, 2010
Related Web Resources:
Preliminary Assessment of NASS CDS Data Related to Rearward Seat Collapse and Occupant Injury, NHTSA
Seat Back Defects, Buzzle.com

