Type of Action: Go-kart accident; negligence; products liability
Injuries: Burst fractures of the C4 and C5 vertebrae.
Result: $880,000.00 Settlement
Date of Settlement: 2004
Case Summary:
Plaintiff, an eighteen year old high school senior was injured on “senior skip day” when she and her friend went to a local go kart track. The go kart she was driving was only equipped with a shoulder belt and no lap seat belt. As a result, when another go kart collided with her, she slid down in her seat and suffered burst fractures of the C4 and C5 vertebrae.
As a result of their experience in amusement ride and go kart cases, the partners of Karon & Dalimonte were invited to work with one of the most prominent members of the Oklahoma plaintiff’s trial bar in obtaining compensation for the plaintiff.
Plaintiff brought claims against the operator of the go kart track, the manufacturer of the shoulder belt, and a classmate whose go kart collided with her. Plaintiff was prepared to offer testimony from a nationally recognized amusement ride safety expert that applicable industry standards required that a lap belt, rather than only a shoulder belt, be provided in the go kart. His testimony was also expected to include that these standards required the manufacturer of the seat belt to provide adequate warnings and instructions directing that the seatbelt only be used as a lap belt and that because it lacked such warnings and instructions, the seat belt was defective and unreasonably dangerous beyond the expectations of the ordinary consumer. Plaintiff was also prepared to offer testimony from a biomechanical engineer and medical doctor that had the go kart been equipped with a lap belt, plaintiff would not have sustained her injuries.
Following the accident, plaintiff was quadriplegic. After physical therapy and hospitalization, she regained the use of her limbs and at the time of mediation was able to walk with a leg brace. She had attempted to work since the accident, but was unsuccessful in finding an appropriate position. Plaintiff’s vocational expert was prepared to testify that she would require some type of special placement assistance to be employable.
Shortly after filing suit, plaintiff’s counsel reached settlements totaling $380,000 with the operator of the go kart track and the classmate. The go kart track tendered $300,000 which was the full limits of its insurance coverage.
Following these settlements the case against the seatbelt manufacturer continued. A mediation was scheduled after expert depositions were completed and the case was scheduled to be assigned a trial date. As a result of the mediation, the manufacturer tendered the full amount of its $500,000 insurance policy. Investigation indicated that the manufacturer had no other substantial assets. No claims were brought against the manufacturer of the go kart as it was bankrupt. Through the skilled efforts of Oklahoma counsel, plaintiff’s health insurers released any rights to be repaid for coverage they had provided.