Facts

On Oct. 26, 2003, Jose Delgado was driving the family's Sephia with his wife Sylvia Delgado, 54, in the right front seat and their daughter and granddaughter in the rear seats. The front seat occupants both were using the automatic shoulder belts provided in the Sephia. An oncoming VW Jetta turned left in front of the Sephia, striking it nearly head on. Sylvia Delgado sustained a chest, abdominal and leg injuries and was hospitalized for approximately one year. No one else was seriously injured in the crash.

The Delgados sued Kia Motors Corporation and Kia Motors America alleging that the right front restraint system was defectively designed. They also sued the driver of the Jetta, who settled out of court.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the design of the Sephia's restraint system led to Sylvia Delgado's injuries, and that safer alternative design features should be incorporated into the restraint system. The plaintiff also contended that Sylvia Delgado is now permanently disabled and requires 24-hour care.

DEFENDANT'S CONTENTIONS:
Kia asserted that the Sephia's restraint system was proven technology that was thoroughly tested. Kia contended that the injuries were a result of the negligence of the Jetta driver, severity of the crash and the physical characteristics of Sylvia Delgado.

Damages

In closing argument the plaintiffs' counsel asked the jury to award almost $5 million in past and future medical care and cost, and $8.5 million for past and future pain and suffering.

Result

Defense verdict in favor of Kia.

Deliberation

three hours

Poll

unanimous

Length

three weeks