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Judge Deflates Plaintiff's Air Bag Lawsuit, Reports Chrysler

19 October 1998

Judge Deflates Plaintiff's Air Bag Lawsuit, Reports Chrysler

    AUBURN HILLS, Mich., Oct. 16 -- The following was released by
Chrysler Corporation :

    Ruling that there was no credible testimony or evidence to support a
Washington man's allegations that the airbag in his 1993 Eagle Vision was
defective because it did not deploy during a low speed collision, a Spokane
County Superior Court Judge late Tuesday threw out his lawsuit, finding in
favor of Chrysler Corporation.
    After dismissing the case, Judge Harold Clarke stated that he agreed with
Chrysler that air bags save lives.  During post-trial interviews, most jurors
also told Chrysler attorneys that they were dismayed that a case like this was
even filed.
    Eighty-two year old Jasper Jones brought suit against Chrysler after he
drove his car into a utility pole just after exiting a Spokane car wash.
Jones alleged that he suffered a knee injury because his air bag did not
deploy, and should have deployed.
    "The air bag worked exactly the way it was designed to work," said
Chrysler attorney Ken Gluckman.  "Just because someone is injured in an
accident does not mean that there is anything wrong with the car.  Air bags do
not deploy in low speed collisions."
    In fact, Mr. Jones' own experts testified on cross-examination that the
accident fell below the level at which the bag should deploy.  They also
admitted at deposition -- and the Chrysler experts agreed -- that there was no
defect in the car or in the air bag system.
    "Our hope is that this decision sends a message to personal injury lawyers
that judges will place limits on the litigation lottery," said Gluckman.
    To date, Chrysler has tried more than 30 air bag cases, winning all but
one.