A personal injury suit has been settled regarding a case of a girl who was paralyzed after a 2006 accident. Monique Guerrero was five years old when she, along with two other siblings, was traveling in her mother’s Chevrolet Tahoe. The family was driving approximately 54 mph on a rural road in Tehachapi, which is in Kern County, Calif. The Tahoe hit a patch of ice and skidded off the road before striking a tree at 34 mph. The mother and two siblings were unhurt; however, Monique injured her spinal cord and is now a paraplegic. She is able to use her arms, but has no feeling below the middle of her torso. Monique’s parents argued that the seat belt had malfunctioned, resulting in the child’s injuries. They stated that they aware that the seat belt had needed repair, and several months before the accident, they had been told there was a 30-day waiting list for the repair. There were other seats in the vehicle that had properly working seat belts that Monique could have been seated in. Furthermore, despite the fact that the law required her to be in a car seat, Monique was placed in an adult seat in the vehicle. Her parents stated that they removed the car seat due to the fact that Monique had vomited on it several days before the accident.

The Guerreros sued General Motors and Takata Seat Belt Inc. for $67 million. $22.5 million was for monetary damages since Monique would require a 24-hour nurse, and $45 million was for general and emotional distress. Takata Seat Belt Inc argued that Monique’s injuries were caused by misuse of the seatbelt, as opposed to the seat belt’s faulty design. They stated that the Guerreros used poor judgment by neglecting to repair the seatbelt and by choosing not to place Monique in a seat with a working seat belt. They also argued that the car seat was still usable; however, they chose not to utilize it. Lawyers for the Guerreros stated that Monique’s injuries would have been prevented if her seat belt had retracted properly. They argued that the seat belt malfunction was the result of poor design and manufacturing. They also stated that Monique’s parents had made a reasonable attempt to repair the seat belt. However, lawyers on both sides agreed that the child would have escaped injury if she had been sitting in a car seat.

After a five-week trial, a federal jury in Fresno sided with General Motors and Takata Seat Belt Inc, putting no blame on the companies for Monique’s injuries. The state of
California has a joint and several liability law, so even if the jury had found the companies 1% responsible, they would have been liable for the full amount of economic damages.

If you reside in the San Diego area and have been seriously injured, contact the law firm of Estey & Bomberger.