Chevrolet S10 Pickup Truck Rollover

Mahfood, a five year old boy, was a belted passenger in a 1996 Chevrolet S-10 pickup truck when the vehicle rolled several times. The boy's restraint system failed, and he was ejected from the vehicle. Mahfood suffered a severe closed-head injury resulting in brain damage. He uses a wheelchair and will require 24-hour nursing care for life. He is expected to suffer from complications such as scoliosis, respiratory tract infections, musculoskeletal pain, dysesthetic pain-burning, aching, or stabbing electric pain caused by a nerve injury-spasticity, seizures, and long term neurological changes, with aging. His past medical expenses were approximately $680,000, and his future medical expenses and life-care costs are estimated at $14.94 million. His future lost earning capacity is estimated at between $1.44 million as a high school graduate and $2.5 million as a college graduate.

Rob Ammons represented Mahfood, his mother, and his grandparents and filed suit against General Motors Corporation, the manufacturer of the vehicle, and the driver of the vehicle. Suit against the manufacturer alleged the truck was unstable and prone to roll over in that it had a high center of gravity and narrow wheelbase. Plaintiffs also alleged defective window glazing in that the use of laminated glass would have prevented Mahfood from being ejected. Plaintiffs asserted that if he had remained in the vehicle, he would have sustained only moderate injuries. Plaintiffs additionally alleged defective design of the vehicle's occupant restraint and retention systems in that the belt length, anchorage locations, and resulting belt slack compromised the effectiveness of the lap belt system. Plaintiffs also claimed the use of a retractor would have minimized occupant excursion. Suit against the driver of the truck alleged failure to pay proper attention while driving.

Mahfood's mother, who was also a passenger in the vehicle, asserted a claim for her emotional distress on witnessing the injuries to her son.

Klima v. General Motors Corp., Tex., Wharton County 23d Dist. Ct., No. 39,013.

The parties settled for a confidential amount at mediation.