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Verdict-Defense
Dallas County • 2017

Indiana Federal Jury Finds No Negligent Design in Rollover

One driver lost control of her vehicle, causing it to roll over into a ditch. She sustained a spinal injury and became partially quadriplegic. She sued the vehicle manufacturer, alleging the car was negligently designed because it lacked a specific type of airbag that she believed would have prevented her enhanced injury. The defense argued the proposed design change would not have made a difference and that the plaintiff was also at fault for losing control of her vehicle. The jury found in favor of the manufacturer.

Case Information Updated: October 2025

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Spinal Cord Injury
Rollover

Case Outcome

Outcome
Verdict-Defense
Amount
Undisclosed
County
Dallas County, IN
Resolved
2017

Injury & Accident Details

Injury Type
Spinal Cord Injury
Accident Type
Rollover
Case Type
Motor Vehicle Accident

Case Overview

In September 2012, a 73-year-old driver lost control of her 2007 Mini-Cooper on U.S. 50 in Martin County, near Halbert Township. The vehicle veered into a ditch and rolled over multiple times, coming to rest upside down. The driver sustained a C6-7 cervical fracture and a permanent C5-T1 spinal injury, resulting in partial quadriplegia and medical bills exceeding $562,000. She reported either falling asleep or swerving to avoid an animal as the cause of the initial loss of control.

The plaintiff subsequently sued the vehicle manufacturer, alleging negligent design due to the absence of a roll-activated side curtain airbag. She contended this design defect led to enhanced injuries that would have been prevented with the airbag, specifically during the head strike inside the vehicle during the roll. Expert testimony from design, biomechanics, and accident reconstruction specialists supported her claim. An attorney-prepared paper, based on self-conducted rollover tests, was offered as evidence but was excluded by the court.

The defendant argued that the plaintiff's proof was inadequate, asserting that the proposed airbag design would not have altered the injury outcome. Defense experts testified that the plaintiff struck her head on the roof rail. The defense also highlighted that the vehicle met all government safety standards, leading to a jury instruction about a rebuttable presumption of non-negligent design if standards were met. Additionally, the defendant implicated the plaintiff's own comparative fault for losing control of the vehicle.

After a six-day trial in federal court, the jury was asked to determine if the Mini-Cooper was negligently designed by lacking a roll-activated side curtain airbag, which then led to an enhanced injury. The jury answered no, concluding deliberations and leading the court to enter a judgment for the defense.

VerdictlyTM Score

65
/100
Reasonably Fair

This outcome is within expected ranges

This score is calculated by analyzing injury type, accident details, geographic location, temporal trends, and comparing against 2,000+ similar cases in our database.

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A 73-year-old driver sustained severe spinal injuries in a single-vehicle rollover crash on September 29, 2012, on U.S. 50 in Martin County near Halbert Township, Indiana. The driver lost control of a 2007 Mini-Cooper; while the exact cause was unclear, the driver initially reported falling asleep but later recalled swerving to avoid an animal. The vehicle veered into a ditch and rolled multiple times, coming to rest upside down. The incident resulted in a C6-7 cervical fracture and a permanent C5-T1 spinal injury, leading to partial quadriplegia and medical bills totaling over $562,000. The driver, as plaintiff, subsequently filed a lawsuit against BMW AG and BMW of North America, alleging the Mini-Cooper was negligently designed because it lacked a roll-activated side curtain airbag. The plaintiff contended that this design defect led to enhanced injuries, specifically the head trauma that caused the spinal damage, which would have been avoided with the proposed airbag. Experts in design, biomechanics, and accident reconstruction testified for the plaintiff. An exhibit detailing roll-over tests conducted by the plaintiff's attorney in a different vehicle, intended to demonstrate the preventability of spinal injuries, was offered but excluded by the court. The defendants countered that the plaintiff's proof was inadequate, arguing the proposed airbag would not have prevented the injuries because the plaintiff struck her head on the roof rail. Defense experts in biomechanics and design supported this position. BMW also emphasized the vehicle met all government safety standards, which carried a rebuttable presumption of no negligent design. The defense additionally pointed to the plaintiff's comparative fault in losing control of the vehicle. Following a six-day federal court trial, the jury was asked to determine if the Mini-Cooper was negligently designed due to the absence of a roll-activated side curtain airbag, and if this defect led to enhanced injuries. The jury found against the plaintiff, concluding there was no negligent design. A judgment was subsequently entered in favor of the defendants.

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