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Personal Injury
Product Liability
Seat Belt

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)

Sabina A. Helton


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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