Air Bag Expert Cases

1

DR. A. L. BAXLEY

11009 BUSHIRE DRIVE

DALLAS, TX75229

TELEPHONE: (214) 357-7891CELL: (214) 392-8391

E-mail:

Website:

AIR BAG EXPERT CASES

VEHICLES

General MotorsFordToyotaChrysler

-Chevrolet Impala-F-150 Truck-Corolla-Dodge Ram ----Geo Metro -Mercury Sedan -Camry -Dodge Neon

-Oldsmobile Alero-Contour-Avalon-Chrysler Van

-Chevrolet Tahoe-Explorer-Le Baron

-Cadillac Sedan-Lincoln Sedan-Chrysler 300

-GMC Yukon -FocusHyundai

-Chevrolet Silverado-Jaguar Sedan-Elantra Sedan

-Chevrolet Sonoma-Kia Optima

-Pontiac SedanHondaNissan-Kia Sportage

-Chevrolet Camaro-Passport -300ZX

MitsubishiMercedes BenzMazda

-3000GT-190 Sedan -Protege Sedan

BMW

-Mini Cooper

ISSUES

-Deployment and injury characteristics of single stage (not-depowered) vs. single stage (depowered) vs. dual stage frontal air bags;

-Late deployment and injury characteristics of frontal airbags during frontal crashes into narrow objects such as trees, utility poles & crash cushions;

-Airbag deployment gas temperatures that have caused burned holes in air bags and resulted in2nd and 3rd degree burn injuries to drivers;

-Frontal airbag late-deploymentor no-deployment caused by defective airbag deployment algorithm methodologies used by airbag computers;

-Knee bolster airbags: deployment characteristics, injuries prevented and failure to use since introduction in 1999 model year;

-Federal warning labels and missing specific language;

-Toxic chemicals in airbag deployment gas;

-Inadvertent airbag deployment; and

-Airbag deployment without inflation;

SUMMARY OF AIRBAG & AIRBAG-RELATED CASES

{D-Deposition; DAU-Daubert; T-Trial; G-Grand Jury; P-Plaintiff; De-Defense; Prosecution-Pr}}

1.Marjorie Lewis vs. TRW, et al., Travis County, Texas, District Court - Personal Injury, settled; Airbag deployed during frontal collision with pedestrian – driver punched and injured by aggressive airbag deployment: Toyota Corolla {P}

2.Lum vs. Mercedes Benz USA, U.S. District Court for the Northern District of Ohio, dismissed; {D} Frontal crash of 1991 Mercedes Benz 190 caused a hole to be burned in driver’s side airbag with resulting burn injury to driver’s left hand requiring amputation of fingers. I determined that airbag deployment gas had elevated temperature and contained particulates that would have burned a hole in the airbag were sufficient to cause the burns to the driver's hand. That determination was supported by a large number of photographs of frontal airbags with burned holes after deployment that were taken during NHTSA investigations. {P}

3.Gardner vs. General Motors, New Orleans, LA, Orleans Parish, settled; Frontal collision with no airbag deployment: Pontiac Grand Prix {P}

4.Client vs. Ford Motor Company, Dallas County District Court, settled; Frontal collision without airbag deployment: Ford F-150 {P}

5.Sandra Bullard vs. Chrysler Corporation, U.S. District Court for the Eastern District of Texas, Sherman, Personal Injury, settled; Airbag deployment during rear end collision – driver sustained respiratory impairment from exposure to airbag deployment gas: Chrysler Lebaron {P}

6.Lawson, et al. vs. General Motors, U.S. District Court – Southern District of Alabama, Personal Injury, settled; {D} Inadvertent airbag deployment at highway speed – driver & front passenger injured: Chevrolet Camaro, I determined that the frontal airbags deployed improperly at highway speed and without any frontal collision or deceleration. {P}

7.Tillman vs. Chrysler Corp., et al., 16th district Court, Parish of St. Mary, State of Louisiana, Personal Injury, settled; {D} Passenger punched by airbag – lost sight in one eye: Dodge Neon. I determined that passenger contact with the single-stage not depowered airbag as it was deploying caused the eye injuries. This represent another example of the inherent design defect of single stage not depowered airbags to cause injuries to drivers and passengers who are within 12 inches of the airbag when it deploys. Eye injuries to both drivers and passengers from deploying airbags are well documented in the scientific and medical literature.{P}

8.Gray vs. General Motors, et al., 101st District Court, Dallas County, Texas, Personal Injury, settled; {D} Low speed collision with curb, inadvertent deployment – driver punched by airbag, permanent visual impairment: GM Geo Metro. I determined that the vehicle deceleration during the curb impact was well below the airbag deployment threshold. The airbags should not have deployed. This case also reinforces the inherent design defect of single stage-not depowered frontal airbags to cause serious injuries to drivers who have their face within 12 inches of the steering wheel cover when the airbag deploys. {P}

9.Rodney Davis vs. Chrysler,U.S. District Court, Northern District of Mississippi, Tupelo, MS, Personal Injury, dismissed; {D} Failure to deploy during frontal collision with another vehicle – driver hospitalized: Dodge Ram Pickup Truck {P}

10.Wilma Rahaim vs. Toyota, Chancery Court of Jones County, MS, Wrongful Death, settled; {D} Failure of passenger side airbag to deploy and fully inflate in frontal collision with another vehicle at highway speed – Passenger fatality: Toyota Camry. I determined that the passenger frontal airbag deployed improperly by not fully inflating during deployment. {P}

11.Douglas vs. Ford Motor Co., Circuit Court of Rankin County, MS, Wrongful Death, settled; Failure of Ford Contour driver airbag to deploy in frontal collision with ditch & rollover – driver fatality {P}

12.Thomas vs. Ford Motor Co., U.S. District Court – Eastern District of Arkansas, Personal Injury, jury trial verdict; {D & DAU & T} Driver punched by airbag during collision with large truck and sustained traumatic brain injury and burn to left hand. A hole was burned in the Mercury Grand Marquis airbag. TRW and Ford attorneys failed to disqualify my airbag expert testimony in a Daubert hearing before a federal judge. This case demonstrates that some hot gases and particulates releases during frontal airbag deployment can cause burn injuries to drivers. It is also one of many examples of frontal airbag caused injuries to drivers who are within 12 inches if the steering wheel cover when the airbags deploy. {P}

13.Plessance vs. KIA, Civil District Court, Orleans Parish, State of Louisiana, case not filed; Low speed frontal collision with tree, insufficient longitudinal deceleration to deploy airbags, prevented case from being filed: Kia Sportage {P}

14.Stout vs. Daimler / Chrysler,Willacy County, Texas District Court, Personal Injury, settled; Failure to deploy during frontal collision with narrow object (metal light pole) driver and passenger injured: Dodge Ram Pickup Truck. Defective airbag deployment algorithm in the airbag computer failed to issue a deploy command because of slow vehicle deceleration produced by frontal collision with a narrow object (metal light pole).

This is a recognized design defect for single-stage not depowered air bag systems. {P}

15.Edmonds vs. Daimler / Chrysler, Nacogdoches County, Texas District Court, Personal Injury, settled; Frontal collision with another vehicle at highway speed – failure to deploy, driver injured: Dodge Ram Pickup Truck {P}

16.Luna vs. Daimler / Chrysler, Willacy County, Texas District Court, Personal Injury, settled; Failure of side-impact airbag to deploy, driver sustained TBI: Chrysler Town & Country Van {P}

17.Crapse vs. General Motors, Airbag case, Circuit Court of Jasper County, MS, Wrongful Death, settled; Failure of side-impact airbag to deploy during side collision with large tree, driver fatality: Cadillac Sedan Deville {P}

18.Mendosa vs. General Motors, Airbag case, Federal Court, Dallas, Texas, Personal Injury, settled; {D} Failure to deploy during frontal undercarriage collision at highway speed – driver sustained serious facial lacerations from contact with the steering wheel: Chevrolet Tahoe. A defective airbag deployment algorithm failed to issue a deploy command because of the slow vehicle deceleration produced from the undercarriage collision. {P}

19.O’Neal & Johnson vs. Ford Motor Co., et al. Circuit Court of Warren County, Mississippi, Personal Injury, pending; {D} Failure to deploy during frontal collision with narrow object (large tree) driver and front passenger hospitalized with lower extremity serious injuries: Ford Explorer. This cases focuses on the inherent defect of airbag sensors in dealing with slow deceleration frontal crashes with narrow objects.{P}

20.Ellender vs. General Motors, 14th Judicial District Court, Parrish of Calcasieu, Lake Charles, LA, Personal Injury, settled; {D} Failure to deploy during frontal collision with ditch – driver injured: GMC Yukon I examined the crash data downloaded from the airbag computer and determined that the first stage of a dual stage airbag system would have deployed. General Motors had installed dual stage airbag systems in other same year model trucks and should have installed dual stage airbag system in the plaintiff's truck. {P}

21.Ferro vs. Nissan Motor Acceptance Corp., Civil District Court, Orleans Parish, State of Louisiana, Prevented case from being filed, case not filed; Frontal collision with curb – insufficient severity to cause frontal airbag deployment: Nissan 300ZX {P}

22.Deidre Minor, et al. vs. General Motors, Wrongful Death, Circuit Court of Adams County, MS, Wrongful Death, settled; {D} Failure to deploy during frontal collision with narrow object (large tree) at highway speed – driver and passenger fatalities: Chevrolet Silverado Pickup Truck. This cases further illustrates the inherent defect in frontal airbag sensors in dealing with slow deceleration frontal crashes into narrow objects. {P}

23.Singleton vs. General Motors, Grayson County, Texas District Court, Wrongful Death, settled; Failure to deploy in frontal collision with ditch at highway speed, driver fatality: Chevrolet Sonoma Pickup Truck {P}

24.Lonnie Clay vs. General Motors, U.S. District Court, Eastern District of Arkansas, Little Rock, AR, Personal Injury, settled; Insufficient severity to cause airbag to deploy during frontal collision: Chevrolet Silverado Pickup Truck {P}

25.Rodney Battistella vs. Daimler / Chrysler,U.S. District Court, Eastern District of Louisiana, Personal Injury, dismissed, {D} Failure to deploy during frontal collision with rear of another vehicle – driver injured: Dodge Ram Pickup Truck {P}

26.Carmichael vs. Mazda Motor of America, Inc., et al., Circuit Court of Forrest County, MS, Personal Injury, settled; {D} Passenger punched by deploying airbag during frontal collision with narrow object (bridge abutment) lost sight in one eye: Mazda Protégé {P}

27.Weysham vs. Kia, Civil District Court, Orleans Parrish, New Orleans, LA, Wrongful Death, pending; Failure to deploy during frontal collision with narrow object (large tree) driver fatality: Kia Optima {P}

28.Orcutt vs. Daimler Chrysler, Personal Injury, Circuit Court of Oxford County, MS, settled: Failure to deploy during frontal collision with ditch- driver seriously injured: Dodge Ram Pickup Truck {P}

29.Alexander vs. Toyota Motor Sales, USA, et al., Personal Injury, Civil District Court, Orleans Parish, New Orleans, LA, pending: Driver punched by late deploying airbag during frontal collision with narrow object (crash attenuator) at highway speed – driver hospitalized in coma & sustained Traumatic Brain Injury: Toyota Corolla. I determined that the airbag failed to deploy because defective crash sensors inability to react properly to slow vehicle deceleration caused by collision with a deformable, narrow object (crash cushion) {P}

30.Holmes vs. Ford Motor Co. & Budget Rent-A-Car, Personal Injury, Brazoria County, Texas District Court, settled; Inadvertent airbag deployment during low speed frontal collision – driver sustained burn injury to left arm: Ford Focus. A hole was burned through the driver's side airbag as a result of excessive deployment gas temperature and particulates. {P}

31.Anderson vs. Ford Motor Co., et al., Personal Injury, StateCourtofChathamCountyGeorgia, settled; Excessive noise during airbag deployment, driver sustained hearing loss: Lincoln Town Car. I determined that the airbag deployment produced 150 + dB noise level, a level established to cause hearing loss. {P}

32.Winstead vs. Toyota, Personal Injury, Birmingham. AL, CircuitCourt, Case being evaluated for filing, settled; Knee bolster airbag deployed during frontal collision and severely injured drivers left leg: Toyota Avalon. I inspected the vehicle and determined that the knee bolster airbag failed to deploy properly. {P}

33.Patterson vs. General Motors, Wrongful Death, Birmingham, AL, Circuit Court of Lauderdale County, Alabama, settled; {D} Frontal airbags failure to deploy resulted in death of driver: Oldsmobile Alero I analyzed the downloaded crash data from the airbag computer and proved that the first stage airbag should have deployed. {P}

34.Quinn vs. Jaguar, Personal Injury, Lake City, Arkansas Circuit Court, Case being evaluated for filing, settled; Driver was injured during frontal collision with Off-Road structures. Frontal airbags failed to deploy: Jaguar {P}

35.Jacobs vs. Daimler Chrysler, Lake Charles, LA, Personal Injury, 14th Judicial District Court, Parrish of Calcasieu, settled; Driver injured during frontal collision, frontal airbags failed to deploy: Dodge Ram Truck {P}

36.Brackin, et al. vs. General Motors, et al.,Circuit Court of Lawrence County, Alabama, settled; Driver injured during frontal collisions with 2nd vehicle followed by tree, airbag deployed {P}

37.Nguyen vs. Subaru of Indiana Automotive Inc., et al., Case Evaluation – 2005 Honda passport, two frontal collisions – one airbag deployment, electronic crash data recording analysis {P}

38.Plaintiff vs. Mitsubishi, Harris County District Court, Texas, settled; Frontal crash of Mitsubishi 3000 without airbag deployment caused injuries to driver {P}

39.McCool vs. Ford Motor Co., et al., Denton County, Texas District Court, settled; Frontal collision for Ford F-150 Truck with no airbag deployment and injuries to passenger {P}

40.Sabra & Eddie Moore vs. General Motors, et al., Baton Rouge, LA, settled, Frontal collision of 2005 Chevrolet Impala with no airbag deployment and occupant injuries. I analyzed the crash data downloaded from the airbag computer and determined that the first stage airbag should have deployed. {P}

41.Jones vs. Benson, 67th District Court, Tarrant County, Texas, Case No. 067-222728-07, settled; Airbag failed to deploy in frontal collision of Dodge Ram pickup truck, driver injured {P}

42.Kosar vs. Metts,Tarrant County, Texas District Court, settled; Driver fatality in 1995 Chevrolet pickup truck from frontal collision caused by rear end collision. Airbag failed to deploy {P}

43.Kosar vs. General Motors, Tarrant County, Texas District Court, settled; {D} Driver fatality in 1995 Chevrolet pickup truck from frontal collision caused by rear end collision. Airbag failed to deploy {P}

44.Plaintiff vs. Hyundai, et al. Tarrant County Texas District Court, dismissed; Driver injured during passenger side side-impact collision in Hyundai Elantra. I inspected the vehicle and proved that the airbags deployed properly. Plaintiffs then withdrew their case. {De}

45.Pitman vs. Daimler Chrysler, et al., Tulsa County, Oklahoma, District Court, prevented case from being filed; Frontal airbags in Chrysler 300 failed to deploy in multiple frontal collisions at highway speeds {P}

46.Tony Fox vs. TRW, et al.,Maricopa County, Arizona, Superior Court, Wrongful Death, settled; Airbag plant sodium azide propellant explosion – maintenance worker fatality Employer failed to provide a workplace free of recognized explosion hazards. {P}

47.Hector Ibarra vs. TRW, et al.,Maricopa County, Arizona Superior Court, Wrongful Death, settled; Airbag plant sodium azide propellant explosion – maintenance worker injury Employer failed to provide a workplace free of recognized explosion hazards. {P}

48.State of Arizona vs. TRW, et al., Maricopa County, Arizona, State Attorney General criminal grand jury case, settled; {G} Airbag propellant explosion – 1 worker killed and 1 worker seriously injured. TRW paid $ 1.8 milliom fine {Pr}

49. Clinkscale vs. BMW, Dallas, County Texas District Court, pending, Defective deployment of side-impact airbags on 2003 Mini Cooper. {P}