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Helen
Smith v. Ford
Prior
to September 3, 1996, Plaintiff, Helen L. Smith, purchased
a 1995 Ford Windstar Van automobile. The subject vehicle
was designed, manufactured, and placed on the market
by Ford Motor Company and sold by New South, Inc.
On
September 3, 1996, Plaintiff Helen L. Smith was operating
her 1995 Windstar Van in a northerly direction on and
along 23rd Avenue in Meridian, Lauderdale County, Mississippi,
when a vehicle being operated by Grady L. Everett swerved
in front and in the lane of the Plaintiff's vehicle,
causing Plaintiff to attempt to avoid this vehicle.
The Plaintiff's vehicle sideswiped a utility pole which
caused the air bag to activate. The front driver's side
of the Plaintiff's vehicle collided with the passenger
side door of the Everett vehicle. During the low speed
collision the airbags activated and deployed. The passenger's
side air bag struck the Plaintiff's decedent, Kholton
Smith, age 5, who was belted and in the right front
passenger seat, causing significant craniocerebral trauma,
all of which resulted in the death of Kholton Smith.
His mother Helen L. Smith also suffered injuries and
damages, including a broken right arm due to the deploying
airbag.
Plaintiff
was represented by Ralph E. Chapman of CHAPMAN, LEWIS
& SWAN of Clarksdale, Mississippi and Ford was represented
by Mark D. Herbert of McGlinchey Stafford of Jackson,
Mississippi. Plaintiff's experts were Bill Rosenbluth
of Automotive Systems Analysis in Reston, Virginia and
Dr. Joe Burton of Atlanta, Georgia. The case settled
for a confidential amount at mediation.
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