(CN) – Ford Motor Co. must face a lawsuit from a family whose 8-year-old daughter suffered brain damage from an air bag deployment, the Indiana Court of Appeals ruled.
Lindsey Jo Cook was sitting in the front seat of her family’s 1997 Ford F-150 pickup truck when the airbag deployed and hit her in the head. Her parents had buckled her in, but she unbuckled herself before the truck was rear-ended.
Her parents, Peter and Lori Cook, sued Ford, alleging defective instruction and warnings for the airbag and its deactivation switch.
The trial court granted summary judgment to Ford, but the appeals court reversed the decision.
Judge Robb said there were still questions about whether Ford breached its duty to warn and whether Ford proximately caused the child’s injury.
“There is at least a question of fact as to whether Ford exercised … discretion in crafting a warning that was strong and specific enough to warn the Cooks that … additional instructions were linked to danger from the airbag,” Robb wrote.