February 10, 2006
A West Virginia woman is suing Ford Motor Vehicles for the serious injury that she endured when her 2001 Ford Focus struck a deer in November of 2004. The lawsuit alleges that the, "Plaintiff's driver's side seat belt did not restrain her, but released upon impact, causing plaintiff to be thrown forward, nor did the airbags deploy."
Smith was driving the Ford Focus with her son Chance Talbert as a passenger when she saw the deer in front of her car and was forced to come to an immediate stop. The driver's side defective seatbelt failed to restrain Smith, sending her through the window of the car. The plaintiff's son was forced into the backseat of the car upon collision, but was otherwise not hurt in the auto accident.
The plaintiff claims she bought the car in July of 2003, which included warranties guaranteeing that the car was in sound condition and was suitable for it's intended use. According to the suit, Ford never warned Smith of any defective products in the car, malfunctions or other problematic conditions at the time of purchase, and is therefore liable for the failure seatbelt, that was under warranty, to restrain her.
Smith suffered a severe back injury as a result of the auto accident in addition to acute blunt trauma to the chest and stomach, bruising, and lacerations among other injuries. She is claiming damages for physical and emotional injuries sustained, medical expenses, loss of income, permanent disability and disfiguration, as well as punitive damages for emotional distress and loss of happiness.
The plaintiff is also seeking damages for court costs, attorney fees, and other expenses incurred by the auto accident.
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