How Our Atlanta Attorneys Won a $47 Million Verdict for a Client with a Spinal Injury

On a June afternoon in 2000, life changed forever for six-year-old Kelsey Sasser and her family. Kelseywas riding in the rear center seat of her mother’s 2000 Lincoln LS sedan which featured fold-down rear seats to provide access to the trunk. Those rear seats led to a devastating tragedy when the vehicle Kelsey was riding in was involved in a collision.

During the crash, Kelsey’s seatback collapsed, pinning her and causing catastrophic spinal cord injuries. Following the crash, Kelsey was paralyzed from the chest down. Kelsey’s mother turned to our Atlanta attorneys at Harris Lowry Manton LLP to hold the vehicle’s manufacturer, Ford Motor Company, accountable for Kelsey’s life-altering injuries and to recover compensation to support Kelsey and her extensive medical needs.

Today, we want to tell you about how our team fought for Kelsey and her family, ultimately securing a groundbreaking $47.7 million verdict in order to provide for her lifelong care and hold Ford responsible for their negligent design.

A defective design

Kelsey’s accident revealed critical flaws in the design of the Lincoln LS sedan’s rear seat latches. The latches allowed owners to fold the rear seats down for added cargo space. However, the crash caused the latches to fail, and the seat did not maintain structural integrity. When Kelsey’s seat collapsed, it compressed her spine, leaving her permanently paralyzed.

Our investigation uncovered that Ford knew about the problems with the seatback latch design as early as 1993. Although the company implemented design changes for the 2001 Lincoln LS model, they did not issue a recall for earlier models, leaving countless drivers and passengers like Kelsey vulnerable to injury.

This negligence formed the basis of our case against Ford. We argued that the defective seatback hatch was a direct cause of Kelsey’s injuries and that the company’s decision not to recall earlier models showed a reckless disregard for public safety.

Building a strong case

We understood that representing a child with catastrophic injuries is a big responsibility and approached this case with care and determination as we do all of our cases.

As we always do in cases like these, we worked to gather evidence, including having engineers and safety experts testify about the defective seatback latch design and how it failed to protect Kelsey during the collision. We documented the severity of her injuries and the extensive medical treatment she had already undergone, as well as her future care needs.

Our legal team also uncovered internal communications showing Ford was aware of the design defect years before the collision.

Harris Lowry Manton partner, Jeff Harris, emphasized the stakes involved:

Representing children who are catastrophically injured is a great responsibility. We were fighting to make sure that Kelsey would always have access to the highest level of medical care available. Had Ford done what a reasonable manufacturer would have done, this tragedy would never have occurred.

Calculating Kelsey’s lifelong care needs

Catastrophic spinal injuries like hers come with significant financial and emotional burdens. Because of this, one of the key parts of this case was determining the full extent of Kelsey’s lifelong care requirements. In severe injury cases like this, our team consults with medical professionals, economic experts, and life care planners to develop a detailed calculation of future needs. People with injuries like Kelsey’s often have expenses related to:

• Medical costs. Paralysis often requires advanced medical equipment, like wheelchairs and ventilators, as well as regular visits with specialists to monitor patient
• Rehabilitation and therapy. Physical therapy, occupational therapy, and mental health counseling can help those with spinal cord injuries maintain the best quality of life.
• House modifications. Patients’ homes may need extensive renovations to accommodate a wheelchair and provide more accessibility.
• Long-term assistance. In the case of children with severe injuries, they may require in-home caregivers to assist with daily tasks and medical needs in the future.
• Loss of potential income. These types of injuries can also mean that the victim will never be able to work, depriving them of earning potential and financial independence.

By presenting a detailed and evidence-backed projection of future needs in cases like Kelsey’s, we can show the jury the true financial impact of these injuries over a lifetime.

Holding Ford accountable

In addition to these compensatory damages, we sought punitive damages to hold Ford accountable for its actions. Punitive damages are awarded in cases where a defendant’s behavior is reckless or egregious.

During the trial, our legal team argued that Ford’s decision to implement design changes for the newer models while leaving earlier models on the road was unconscionable. We presented internal documents revealing that Ford had known about this design defect for years but chose not to issue a recall, prioritizing profits over public safety.

The jury agreed and awarded significant punitive damages to send a message – manufacturers who put lives at risk through negligence will be held accountable.

$47.7 million verdict

After a hard-fought legal battle, Harris Lowry Manton LLP secured a combined $47.7 million verdict on Kelsey’s behalf. This total included:

• Compensatory damages, which will cover Kelsey’s medical expenses, future care needs, and loss of income potential
• Punitive damages, punishing Ford for their lack of regard for safety, and helping ensure similar incidents wouldn’t happen again

Ford took this verdict to the Georgia Court of Appeals, which unanimously held up the verdict.

This verdict not only provided financial security for Kelsey and her family but also set a precedent for holding manufacturers accountable for defective designs.

 

How catastrophic injury cases can lead to large settlements or verdicts

Cases like Kelsey’s often result in significant awards because of the extensive impact these injuries have on victims’ lives. The following are some factors that contribute to the amount of potential compensation:

• Catastrophic injuries require lifelong medical care, and this can cost millions of dollars over an individual’s lifetime. Settlements or damages need to properly account for these ongoing expenses.
• Victims who are unable to work due to their injuries lose years – if not decades – of earning potential. These losses are factored into compensatory damages.
• Spinal cord injury victims also suffer emotionally and psychologically. Pain, suffering, and loss of enjoyment of life are all considered when calculating a settlement or damages.
• When a defendant’s negligence is particularly egregious, the court may award punitive damages to punish the wrongdoer and deter similar future behavior.
• Large settlements and verdicts often depend on having experienced attorneys who can build a compelling case. At Harris Lowry Manton LLP, our team knows how to take on powerful corporations and win.

If you or a loved one has suffered a catastrophic injury due to a defective product or someone else’s negligence, the attorneys at Harris Lowry Manton LLP are here to fight for you. Our experienced team has a proven track record of securing life-changing verdicts, like the $47.7 million we won for Kelsey Sasser. Please call or use our contact form to schedule a consultation at our offices in Atlanta or Savannah.