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Products Liability Keyed to Fischer, 6th Ed.
Smoot v. Mazda Motors of America, Inc.
Citation:
469 F.3d 675 (2006)Facts
Mrs. Smoot was driving her one-year-old Mazda at approximately 35-40 mph when she struck either a pothole or a chunk of asphalt in the road. The collision triggered the deployment of the car’s airbags, causing injuries to Mrs. Smoot including TMJ pain, scarring, and speech difficulties. Just one day before the accident, she had received a recall notice from Mazda warning of “an increased risk of airbag deployment in a low speed crash or minor impact to the undercarriage” in her vehicle model. Her husband had scheduled an appointment with the dealer to address this issue, but the appointment was set for a few days after the accident occurred. The car sustained damage to its windshield and front left wheel and tire. After the accident, the car was repaired—including replacement of the airbag control unit—and sold, making it impossible to inspect the original airbag system. The plaintiffs attempted to rely on the doctrine of res ipsa loquitur to establish their case without expert testimony.
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