Products Liability Law Reporter
Transportation
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Failure to Reconnect Air Bag System After Servicing Vehicle
February/March 2019Richard Smith, 55, was driving his 2005 Chevrolet Avalanche down a two-lane roadway when he rear-ended a vehicle that lacked functional brake lights. Smith’s driver-side airbag failed to deploy in the crash, and he suffered neck fractures at C5-7 that led to incomplete paraplegia.
Smith claimed that the Firestone service plaza that performed a radiator replacement months before the collision severed wires from the air bag sensor and failed to reconnect it to the air bag system, rendering it nonfunctional. Smith also claimed that the other driver was responsible for his injuries. Smith did not claim medical expenses or lost income.
Insurers for both the service plaza and the other driver settled with Smith for available insurance limits before suit was filed.
Citation: Smith v. Firestone Service Plaza, settled before filing, Apr. 2018.
Claimant counsel: AAJ members Donald R. Fountain Jr. and Ben J. Whitman, both of West Palm Beach, Fla.
