Seat Back Defect

Our firm has successfully handled multiple seat back defect cases against several automobile manufacturers. In fact, our firm has the largest verdict against any automobile manufacturer in any state for a seat back defect.

In the case of Flax v. DaimlerChrysler, we obtained a $105 million verdict for the wrongful death of an 8-month-old child, Joshua Flax. Joshua was killed when the front passengers seat in his grandparent's 1998 Dodge Caravan collapsed backward, causing his fatal head injuries.

In a seat back defect case, the seats in a vehicle collapse rearward when the vehicle is involved in a rear impact. These collapsing seats can cause injuries to both the occupants of the collapsing seats and children seated behind these seats.

Injuries to occupants of collapsing seats often include fatal or catastrophic head and spinal cord injuries. These injuries occur when the occupant's seat collapses and allows the occupant to strike the rear seat or the b-pillar in the back seat. Other injuries may occur if the collapsing seat causes the driver to lose control of the vehicle resulting in a secondary wreck.

Injuries to children seated behind collapsing seats often occur when the occupant of the collapsing seat strikes the child seated directly behind the collapsing front seat. This head-to-head contact often results in fatal or catastrophic head or chest injuries to these properly restrained children.

After the wreck, the seat is observed to be in a reclined position and is often difficult to return to its original position. The actual seat collapse that occurs during the wreck is often greater than the position of the seat seen after the wreck.

Numerous documents uncovered during our work in prior cases have revealed that the automakers are aware that these collapsing seats are injuring and killing hundreds of adults and children. Furthermore, multiple stronger seat designs exist and are equipped in many other vehicles. These stronger seats would protect adults and children from serious injury from collapsing seats in rear impacts.

If you or family members have suffered injuries as the result of a seat back collapse, you need an experienced automobile defect lawyer to maximize your recovery. Contact us today.

$17,716,401 Verdict / Auto Product Liability / Ford Explorer Rear Restraint System / Lap Only Seat Belt

12/18/2009 Wheeler v. Ford Motor Company, et al., State Court, Clayton County, Georgia.

Plaintiffs Lynn and Douglas Wheeler won their design defect and failure to warn claims against Ford Motor Company relating to the 2002 Ford Explorer. On Christmas morning 2005, 58 year old Lynn Wheeler was on her way to church with her family. Lynn Wheeler was seated in the rear center seat of her son’s 2002 Ford Explorer, wearing the lap-only seat belt Ford installed for that seating position. Two of Lynn Wheeler’s grandchildren were in child seats on either side of her. As they entered a curve on Noah’s Ark Road, a 2-door Eagle Talon coupe driven by John C. Stanley crossed the centerline and struck the Explorer head-on.

$5,470,000 Verdict/Wrongful Death

10/23/09 Pitts v. A&G Trucking. Inc., et al., State Court of DeKalb County, Georgia.

Plaintiffs, four minor children, recovered for the death of their father, who was killed by a dump truck driver while the decedent was working as a "spotter" or "flag man" on the runway expansion at Hartsfield Jackson Atlanta International Airport. According to eye-witnesses, the driver of the dump truck was talking on her cell phone or CB radio and was given a stop signal by the deceased.

$45,000,000 Settlement | Credit Insurance/Consumer Rights Class Action

10/31/07 Toole v. J.M.I.C. Life Insurance Company, Superior Court of Muscogee County, Georgia

Plaintiff Toole represented a class of people who prepaid J.M.I.C. Life Insurance Company premiums for credit life and disability insurance policies when they purchased vehicles. J.M.I.C. Life Insurance Company contractually promised to refund any unearned premium if class members paid off the insured loans before the five-year term had expired, but failed to do so when they paid off the insured loans early.

$105,500,000 Verdict | Defective Automobile

11/23/04 Flax v. Daimler Chrysler Corporation and Louis A. Stockell, Jr., Circuit Court for Davidson County, Tennessee

More Verdicts

Any person who foreseeably could have been injured by a defective product can recover for his or her injuries, as long as the product was sold to someone...

Learn More

Columbus
105 13th Street
P.O. Box 2766
Columbus, GA 31902
FAX 706.323.2962
706.322.1990
1.800.233.4086

Atlanta
2719 Buford Highway
Atlanta, GA 30324
FAX 404.321.1713
404.321.1700
1.800.242.2962

FirmSite® by FindLaw, a Thomson Reuters business.

With offices in Atlanta and Columbus, Georgia, the attorneys at Butler, Wooten & Fryhofer, LLP represent the seriously injured throughout Georgia, including the cities of Atlanta, Columbus, Marietta, Smyrna, Roswell, Gainesville, Peachtree City, Forest Park, Riverdale, Lagrange, Macon, and Savannah. Our lawyers have handled accident and defective product claims nationwide, including Alabama, Arizona, California, Connecticut, Florida, Georgia, Illinois, Kansas, Louisiana, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nevada, New York, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, West Virginia and Wyoming.