Terry Herbert, by and through her daughter Jacqueline Lee Dadgarkiani v. Ford Motor Company, Takata Corporation, Takata Seat Belts Inc., TK Holdings Inc., Sylvia Maria Caceres II, Priscilla Stewart
Published: Apr. 29, 2017 | Result Date: Mar. 16, 2017 | Filing Date: Jan. 1, 1900 |Case number: CIVDS1415915 Verdict – Defense
Court
San Bernardino Superior
Attorneys
Plaintiff
Henry Y. Pan
(Robinson Calcagnie Inc)
Conor M. Kelly
(Walkup, Melodia, Kelly & Schoenberg)
Scot D. Wilson
(Robinson Calcagnie Inc.)
Defendant
Scott L. MacDonald
(Macdonald & Cody LLP)
James J. Yukevich
(Yukevich Cavanaugh)
Mark V. Berry
(Bowman and Brooke LLP)
Facts
In 2012, plaintiff was a passenger in a 2007 Ford Fusion. She was seated in the rear, left passenger side. While traveling on Twenty-nine Palms Highway, also known as State Route 62, in San Bernardino, the driver of plaintiff's vehicle, Sylvia Caceres II, lost control of the Ford. The vehicle swerved off the road and rolled over three or four times. Plaintiff was ejected from the vehicle and sustained serious injuries.
She sued Caceres, the registered owner of Caceres' vehicle, the car's manufacturer, Ford Motor, and the manufacturers of the seat belt, Takata Corp., Takata Seat Belts Inc. and TK Holdings Inc.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Caceres negligently operated her vehicle and that the seat belts had been defectively designed.
DEFENDANT'S CONTENTIONS:
Defendants contended that the seat belts had not been defectively designed. Rather, plaintiff was not wearing her seatbelt at the time of the accident.
Damages
Plaintiff sought over $25 million in damages.
Injuries
Plaintiff, 58, suffered a traumatic brain injury rendering her a paraplegic confined to a bed and wheelchair. She required constant care following the accident.
Result
The jury returned a defense verdict.
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