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DR. A. L. BAXLEY
11009 BUSHIRE DRIVE
DALLAS, TX 75229
TELEPHONE: (214) 357-7891
CELL: (214) 392-8391
E-mail: albaxley@sbcglobal.net
Website: http://www.chemtex-corporation.com/
AIR BAG EXPERT CASES
VEHICLES
General Motors
Ford
-Chevrolet Impala
-F-150 Truck
-Geo Metro
-Mercury Sedan
-Oldsmobile Alero
-Contour
-Chevrolet Tahoe
-Explorer
-Cadillac Sedan
-Lincoln Sedan
-GMC Yukon
-Focus
-Chevrolet Silverado-Jaguar Sedan
-Chevrolet Sonoma
-Pontiac Sedan
Honda
-Chevrolet Camaro
-Passport
Mitsubishi
-3000GT
Mercedes Benz
-190 Sedan
Toyota
-Corolla
-Camry
-Avalon
Nissan
-300ZX
Chrysler
-Dodge Ram ---Dodge Neon
-Chrysler Van
-Le Baron
-Chrysler 300
Hyundai
-Elantra Sedan
-Kia Optima
-Kia Sportage
Mazda
-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 in 2nd and 3rd degree burn
injuries to drivers;
-Frontal airbag late-deployment or no-deployment caused by
defective airbag deployment algorithm methodologies used by
airbag computers;
2
-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
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{D-Deposition; DAU-Daubert; T-Trial; G-Grand Jury; PPlaintiff; 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.
Court, Parish of
Injury, settled;
sight in one eye:
Chrysler Corp., et al., 16th district
St. Mary, State of Louisiana, Personal
{D} Passenger punched by airbag – lost
Dodge Neon. I determined that passenger
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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
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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 sideimpact 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}
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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}
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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,
State Court of Chatham County Georgia, settled; Excessive
noise during airbag deployment, driver sustained hearing
loss: Lincoln Town Car.
I determined that the airbag
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deployment produced 150 + dB
established to cause hearing loss.
noise
{P}
level,
a
level
32. Winstead vs. Toyota, Personal Injury, Birmingham. AL,
Circuit Court, 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,
th
Personal Injury, 14
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}
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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}
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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}