National Verdicts

Plaintiff(s):

Sally Small (Female), 

Keanna Small (Female, 22 Years)

Plaintiff Attorney(s):

Willie E. Gary;
Gary, Williams, Parenti, & Watson, P.L.L.C.;
Stuart,
FL,
for
Sally Small, Keanna Small ■ Sekou M. Gary;
Gary, Williams, Parenti, & Watson, P.L.L.C.;
Stuart,
FL,
for
Sally Small, Keanna Small ■ Lorenzo Williams;
Gary, Williams, Parenti, & Watson, P.L.L.C.;
Stuart,
FL,
for
Sally Small, Keanna Small ■ Glenn A. Crickenberger;
Gary, Williams, Parenti, & Watson, P.L.L.C.;
Stuart,
FL,
for
Sally Small, Keanna Small ■ Majorie Gadarian Graham;
Marjorie Gadarian Graham, P.A.;
Palm Beach Gardens,
FL,
for
Sally Small, Keanna Small

Plaintiff Expert(s):

Craig Lichtblau;
M.D.;
Vocational Rehabilitation;
Palm Beach,
FL called by
Willie E. Gary, Sekou M. Gary, Lorenzo Williams, Glenn A. Crickenberger ■ Carley Ward;

Injury Biomechanics;
Pacific Palisades,
CA called by
Willie E. Gary, Sekou M. Gary, Lorenzo Williams, Glenn A. Crickenberger ■ Stephen Syson;

Seat Belts;
Santa Barbara,
CA called by
Willie E. Gary, Sekou M. Gary, Lorenzo Williams, Glenn A. Crickenberger

Defendant(s):

Ford Motor Co., 

Breed Technologies Inc.

Defense Attorney(s):

Brian T. Smith;
Dykema Gossett;
Detroit,
MI,
for
Breed Technologies Inc. ■ Michael P. Cooney;
Dykema Gossett;
Detroit,
MI,
for
Breed Technologies Inc. ■ Gregory M. Cesarano;
Carlton Fields Jorden Burt, P.A.;
Miami,
FL,
for
Breed Technologies Inc. ■ Sergio V. Medina;
Seipp Flick & Hosley LLP;
Miami,
FL,
for
Ford Motor Co. ■ Dustin A. Lane;
Seipp Flick & Hosley LLP;
Coral Gables,
FL,
for
Ford Motor Co. ■ John C. Seipp Jr.;
Seipp Flick & Hosley LLP;
Miami,
FL,
for
Ford Motor Co.

Defendant Expert(s):

Steve Bailo;
Accident Investigation & Reconstruction/ Failure Analysis/Product Liability;
South Lyon,
MI called by
Gregory M. Cesarano, Sergio V. Medina, Dustin A. Lane, John C. Seipp Jr. ■ Gregory Miller;
Seat Belts;
Detroit,
MI called by
Brian T. Smith, Michael P. Cooney, Gregory M. Cesarano ■ Michael Klima;
Seat Belts;
Novi,
MI called by
Sergio V. Medina, Dustin A. Lane, John C. Seipp Jr. ■ Catherine Corrigan;
Injury Biomechanics;
Philadelphia,
PA called by
Gregory M. Cesarano, Sergio V. Medina, Dustin A. Lane, John C. Seipp Jr.

On June 20, 2011, plaintiff Keanna Small, 22, a nursing assistant, was a front-seat passenger in a 2002 Ford Explorer sport-utility vehicle traveling on U.S. 441 S.E. in Okeechobee when she became involved in a motor vehicle collision. The driver of the Ford Explorer attempted to pass a tractor-trailer and lost control of the vehicle, hitting the left front of the tractor-trailer. The SUV spun around and left the roadway, rolling over and colliding with a utility pole. Small was ejected from the SUV and thrown 50 feet. Her head struck a wooden fence, breaking one of the slats. She sustained a traumatic brain injury. Sally Small, as guardian for her daughter, sued the manufacturer of the Ford Explorer, Ford Motor Co., and the manufacturer of the vehicle’s seat-belt system, Breed Technologies Inc., k/n/a Key Safety Systems Inc., alleging products liability. The plaintiff claimed that Small was ejected from the SUV due to defects in the design and manufacture of the passenger restraint system, which caused the seat belt to unlatch during the accident. The driver of the Explorer testified that she saw Small put on her seat belt before the accident. The plaintiff’s biomechanics expert opined that Small’s injury was sustained as a result of the seat belt unlatching when the Explorer hit the utility pole and spun rapidly clockwise, ejecting Small through the Explorer’s rear window. The plaintiff’s seat-belt expert opined that the Explorer’s seat-belt system was defective because it could get into a partially depressed but still latched condition that would then allow it to release when it impacted the vehicle’s console. He based this opinion by demonstrating a "slap test" in which a seat buckle was slapped against a console and unlatched. The defendants denied that the restraint system installed in the Explorer was defective and/or unreasonably dangerous in any manner. Counsel for Key Safety Systems argued that there was no causal relationship between the design, manufacture and assembly of the restraint system and the manner in which Small was injured. They argued that Small failed to wear or otherwise utilize an available and operational seat belt, shoulder harness or any other restraint system in the Explorer. The defense’s seat-belt experts opined that the Explorer’s seat belt was well designed, thoroughly tested, and met all Ford specifications, which exceeded all federal standards for safety restraint systems. They testified that the belt and buckle were sled-tested to evaluate how they perform in a collision. They testified that at no time did the buckle ever get into a partial latch condition, and it never inertially unlatched as suggested by the plaintiff’s seat-belt expert. The defense’s biomechanics and accident reconstruction experts opined that the physical evidence in the vehicle proved that Small was not wearing her seat belt. They testified that there were no load marks on the webbing of her belt as there were on that of the driver’s; they noted that the driver was wearing a seat belt and only sustained minor injuries in the collision. They further testified that there were no crash-related abrasions on Small’s seat-belt buckle’s tongue as there were on the driver’s. They also testified that there were no crash-related loading marks on Small’s seat belt’s D-ring webbing as there were on the driver’s. The defense’s biomechanics and accident reconstruction experts additionally testified that after the accident, Small’s seat belt was fully retracted and stowed while the driver’s was fully spooled out and extended. They further testified that on Small’s side of the vehicle, the seat-belt pretensioner was fully retracted while the driver’s was halfway retracted. They pointed out that a seat-belt pretensioner is a device on the buckle that pulls down and takes up the slack in a seat belt when a frontal crash is sensed and the airbag deploys. They testified that if a seat belt is being worn, the pretensioner will retract to about one half its length due to resistance of the person’s body. They testified that if the seat belt is not being worn, the pretensioner will retract to its full length because there is no resistance.

Small was airlifted to Lawnwood Regional Medical Center in Fort Pierce after the accident. She sustained severe blunt trauma to her skull and was left with a traumatic brain injury. She remained in the hospital for two months undergoing multiple surgeries to address her brain injury. She was transferred to a rehabilitation center and underwent several months of rehabilitation. She was then transferred to a nursing home, where she remains. Small suffered permanent brain damage and is considered 98 percent disabled. Her vocational rehabilitation expert testified that she requires 24-hour nursing care. He testified that she is unable to walk without assistance and is unable to talk or feed herself. He also testified that Small has limited movement in her upper extremities and opined that she will never be gainfully employed. He opined that Small is unable to have meaningful family interactions and is unable to care for her son. He further opined that Small’s future medical expenses reduced to the present value will be approximately $26 million. Plaintiff’s counsel sought to recover damages for Small’s past and future medical expenses, past and future lost earnings, and past and future pain and suffering. Counsel suggested the jury award $100 million. Defense counsel offered no evidence or arguments regarding the issue of Small’s damages, and instead focused on liability.

The jury found there was no defect in the design of the seat belt installed in the Ford Explorer that was a cause of Small’s injuries.

Judge:

Kenneth A. Marra

Trial Length:

2
 weeks

Trial Deliberations:

5
 hours

This report was based on information that was provided by defense counsel. Plaintiff’s counsel did not respond to the reporter’s phone calls.