Ford Motor Company has agreed to settle with two firms seeking damages on behalf of a young girl who was paralyzed in a 2006 auto accident. The case touched on a number of complicated issues but has finally lead to a situation deemed favorable by all parties.
Karina Lozano was riding in the back seat of her father's 1988 Crown Victoria at the time of the accident. The 1988 Crown Victoria’s back seat did not come with across-the-chest seatbelts (or lap/shoulder belts) but only across-the-lap seatbelts (or lap belts). In the accident, Karina was thrown forward, breaking her lower spine. Karina also struck the back of her father's seat with her head, causing neck and spinal cord injuries. As a result, Karina is now a quadriplegic and must use a motorized wheelchair. Karina's father was also injured, but not nearly so severely. His seatbelt included a shoulder belt, and his worst injury was a broken leg. He has since completely recovered.
The difference in the toll the accident took on Karina and her father is painfully clear. It also speaks volumes about the longstanding belief that one is safer in the back seat of a car when that car is involved in a collision. The case was a difficult one and took a long time to reach a resolution, highlighting just how complex accident cases can be even when injuries and the appearance of negligence suggest a certain clarity.
The federal government only started requiring lap/shoulder style seatbelts from 1989 on, the year after the Crown Victoria in question was manufactured. Additionally, there are laws limiting liability in cases where the vehicle involved is more than 10 years old. In this case, Georgia law allowed the case to go forward so that Karina and her father could obtain their settlement. Specifically, Georgia maintains a “duty to warn” law in the case of vehicles of questionable safety. Regardless of the year a vehicle was made, the manufacturer is required to post reasonable warnings in their product if there are reasons to expect danger.
Currently, all that remains unfinished in this case are the agreements for how to handle the settlement. Katrina's attorneys are setting up a trust for the young lady. Once those details have been sorted out, Ford will begin paying the settlement to the trust.
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