MI Appeals Court Affirms GM Defense Verdict in Seat Belt Buckle Case

    DETROIT--Feb. 18, 2003--On remand from the Michigan Supreme Court, the State of Michigan Court of Appeals has affirmed a jury's defense verdict in Emmett Chastain v. General Motors Corporation in a published opinion. Plaintiff Chastain alleged the 1988 Chevrolet C/K pickup he was driving had a defective seatbelt buckle, and released either because it was "false latched" or subject to inertial release. GM proved that Chastain was not wearing the seat belt and that inertial unlatch is hocus pocus. On March 15, 1999 the jury returned a verdict in favor of General Motors.
    On appeal, plaintiff argued the trial court improperly admitted testimony in violation of MRE 701. On reconsideration, the appeals court concluded the trial court did not err, as Officer John Schweble's testimony was based on his perceptions at the scene of the accident. Officer Schweble testified he based his conclusion that the plaintiff was unbelted on the physical evidence at the scene, including that plaintiff had been ejected from the vehicle and the seatbelt was in the retracted position and appeared in working order.
    Plaintiff also claimed the trial court erred in refusing to read requested special jury instructions and in denying its discovery request. In discovery, plaintiff requested General Motors to produce all crash and sled test documents where the "Joint Development Company" seatbelt buckle released, and all civil claims, consumer complaints and incident reports filed against General Motors. The court concluded the trial court was within its discretion to deny the request since plaintiff sought to discover tests and documents pertaining to vehicles made after the truck he was driving, and results from accidents not similar to the one he was involved in.

    Background:

    On March 25, 1991, plaintiff Emmitt Chastain, an employee of Cashman Equipment Company, located in Elko, NV, en route to Eureka for a delivery, crashed the company-owned 1988 Chevrolet C/K pickup. Driving south on State Highway 278 in snowy and icy conditions, Chastain lost control of his vehicle, causing it to roll and ejecting him from the truck through the driver's side window. As a result, Chastain suffered a T-11 and T-12 spine fracture, rendering him a paraplegic and losing all movement and sensation below his waist.
    Attorneys for the defense were: Frank Nizio, managing partner of the Detroit office of Bowman and Brooke LLP, and Thomas P. Branigan, partner and Kandace J. Jones, assisted on appeal.
    Attorneys for the plaintiff were: Darrel Peters of Goodman Lister and Peters, P.C. Detroit, MI.

    Emmett Chastain v. General Motors Corporation

    Judge Kurtis T. Wilder wrote the opinion which has been published by the Michigan Court of Appeals.

    State of Michigan Court of Appeals, Macomb Circuit Court

    Macomb Circuit Ct. No. 93-4415-NP

    Mich. Ct. of Appeals 222502

    Published December 27, 2002

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