Document text
Lithia included in lawsuit over airbag death Wire and staff reports Lithia Motors' Lincoln-Mercury dealership has been named along with Ford Motor Co. in a $4 million lawsuit filed by the parents of a 7-year-old boy killed by an airbag accident in 1997. Wesley and Tori Scott say a defective passenger-seat airbag is responsible for the death of their son, Garrick Case-Scott, whose neck was broken in a low-speed crash two blocks from their Chiloquin home. He wasn't wearing a seat belt. "The government has determined that collision was 6.4 miles per hour," said Lawrence Baron, the couple's attorney. "This bag in this collision should not have deployed. It's just a bad bag." The Scotts' wrongful death lawsuit, filed Wednesday in Multnomah County Circuit Court, claims that Ford and Lithia Lincoln-Mercury were liable, negligent and in breach of warranty for design and manufacturing defects. Lithia marketing director Bob Striplin says the company is fully protected from liability by Ford. "It's a product issue, not a dealership issue," he said. The Scotts also claim Ford and the dealer failed to warn consumers that children younger than age 12 should ride in rear seats in cars equipped with airbags. Ford spokesman Jim Cain said customers had been well-warned that young children should ride in the back seat and wear a seat belt. "It is simply not conceivable that anyone by 1997 would not have gotten the message," he said. "Unfortunately, you have three mistakes compounding into tragedy." Since 1993, 82 children have been killed by airbags and 27 seriously injured, according to the National Highway Traffic Safety Administration. The lawsuit also names the Schwabe, Williamson & Wyatt law firm of Portland, asking for $150,000 in damages for trespass, misrepresentation and invasion of privacy for twice entering the car in an impoundment lot to access computer data from the airbag system. The law firm represents Ford in Oregon. The driver of the pickup that collided with the Scotts' car is serving a six-year prison term on charges including manslaughter and drunken driving. The pickup's owner and passenger received 36 months probation on multiple charges, including criminally negligent homicide for providing liquor to the driver. Today's Business Index Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA