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Jury Finds GM Negligent in Defective Seat Belt Case

26 October 1999

Charfoos & Chrisensen, P.C.: Jury Finds GM Negligent in Defective Seat Belt Case; Awards Plaintiff $5 Million

    DETROIT, Oct. 25 -- The following was released by Charfoos &
Chrisensen, P.C.:

    A Berrien County Circuit Court jury awarded $5 million in damages to
Plaintiff Rodney Jones and his family Friday afternoon in a defective seat
belt case involving a General Motors vehicle.  The verdict came after over 15
hours of deliberation in the five-week long trial.  The jury found Plaintiff
25 percent comparatively negligent.  The verdict is reported to be one of the
largest in Berrien County history.
    Mr. Jones sustained serious brain damage on April 21, 1995 as a result of
being ejected from his 1985 General Motors conversion van.  He had been struck
broadside by a minivan that ran a red light.  Although Mr. Jones was wearing
his seat belt at the time of the accident, the seatbelt buckle inertially
released (failed), allowing him to be thrown from the vehicle as his 1985 GM
van rolled to a rest.
    The phenomenon of "inertial buckle release" was a major issue in the
trial.  GM recognizes that "inertial release" buckle failure can happen in the
laboratory, but denies that this type of failure happens in the real world.
    Inertial buckle release occurs when a properly latched buckle is struck on
the side opposite the button, accelerating the inertial forces inside the
buckle, releasing the latch and allowing the tongue to come out as though the
relay button had been depressed.  The seat belt buckle involved in this case
was a Type I RCF 67 spring-loaded buckle.  GM attempted to disprove the
inertial-release phenomenon, but failed to convince the jury.  GM represented
that 75 million vehicles currently on the road have such buckles.
    Attorneys David W. Christensen and Mary Pat Rosen of Charfoos &
Christensen, P.C., Detroit, Michigan, along with co-counsel Sean Drew of
Niles, Michigan, say the verdict sends a strong message to General Motors.
    "GM had evidence nearly 30 years prior to this accident of inertial
release, but it failed to act upon that information in a way that would
protect its consumers," says David Christensen, Plaintiff's lead trial
attorney.
    "The verdict in this case serves as a warning to GM and other
manufacturers that they have an obligation to use proper safeguards and safety
equipment when it is available.  Knowingly jeopardizing lives will not be
tolerated," he added.
    For further information, please contact Attorneys David W. Christensen or
Mary Pat Rosen at 313-875-8080.