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Torts keyed to Best
Malcolm v. Evenflo Co.
Citation:
217 P.3d 514 (Mont. 2009)Facts
Jessica Malcolm was given an EvenFLo “On My Way” child safety seat, model 207 by a friend while she was pregnant with Tyler. Jessica called EvenFlo to ask if the seat was safe to use. Even Flo assured her the seat was safe and not subject to any recalls.
When Tyler was 4 months old, Jessica strapped him into the “OMW” model 207 in the back seat and drove to pick up pizza and a movie with her sister. While they were driving home, a motorist heading the opposite direction swerved into her lane, forcing her off the road. Her Suburban car rolled three times, traveled down a steep incline, and stopped in a ditch. Jessica suffered no serious injury. Jessica’s sister sustained a severe head injury. The left belt hook of the “OMW” safety seat broke off during the rollover. The seatbelt slipped out from the open belt hook on the opposite side of the seat. The force of the accident then ejected the OMW and Tyler from the car, coming to a rest about 60 feet from the Suburban. Tyler was still strapped into the OMW seat. Tyler sustained severe brain trauma, resulting in death.
The Malcolms now sue EvenFLo in strict liability on a design defect theory.
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