STARK EX REL. JACOBSEN v. Ford Motor Co.

723 S.E.2d 753, 365 N.C. 468, 2012 N.C. LEXIS 266
CourtSupreme Court of North Carolina
DecidedApril 13, 2012
Docket313PA10
StatusPublished
Cited by17 cases

This text of 723 S.E.2d 753 (STARK EX REL. JACOBSEN v. Ford Motor Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
STARK EX REL. JACOBSEN v. Ford Motor Co., 723 S.E.2d 753, 365 N.C. 468, 2012 N.C. LEXIS 266 (N.C. 2012).

Opinions

NEWBY, Justice.

This case presents the question whether the product alteration or modification defense provided to manufacturers and sellers in products liability actions by section 99B-3 of our General Statutes applies only if the one who altered or modified the product is a party to the litigation at the time of trial.1 By its plain language, section 99B-3 protects manufacturers and sellers from liability for injury proximately caused by a modification or alteration made by anyone else to their product without their consent or instruction. The General Assembly did not limit the use of this defense to those occasions when the one who alters or modifies the product is a party to the action at the time of trial. As the Court of Appeals concluded otherwise, we reverse that decision and remand this case to that court for additional proceedings.

Tonya Stark was driving her husband to work and her children to school in a 1998 Ford Taurus on the morning of 28 April 20Q3. Tonya began that day between 5:00 and 5:30 a.m. by waking up and bathing [470]*470three of her children. While Tonya was busy with the children, Gordon Stark, her husband, prepared for a day of work. When the Starks were ready to go, Gordon put their sleeping daughter Cheyenne in the rear seat of the Taurus, directly behind the driver’s seat, and then he sat in the front passenger seat. Tonya secured their son Cory in the middle rear seat before she got into the driver’s seat. Their son Cody seated himself in the rear seat of the Taurus, directly behind Gordon. The plan was to take Gordon to work at Husqvama, where he needed to arrive between 7:00 and 7:30 a.m., and then travel to Kannapolis to have the children at their school by 8:20 a.m.

At some point that morning, Gordon told Tonya that he needed to stop at a convenience store before work. Tonya entered the parking lot of a store at the corner of The Plaza and Eastway in Charlotte, North Carolina. Gordon went into the store to make some purchases, but returned to the car when he realized he did not have his wallet. Gordon told Tonya to take him back home so he could get his wallet and return to complete his purchases before they continued on to work and school. Tonya backed out of her parking space and attempted to leave the convenience store parking lot via a pass-through, which would allow the Starks to return to the house more quickly. She remembered almost immediately, however, that the pass-through had been closed. Tonya then made a U-turn and entered the adjacent parking lot of a Bojangles restaurant. The car began to accelerate rapidly, proceeding through several empty parking spaces. Gordon and Tonya struggled over the steering wheel as the Starks continued through the lot. Their trip came to an abrupt end when the Taurus went up and over a small curbed island containing mulch and monkey grass and then slammed into the concrete base of a light pole while moving at twenty-six miles per hour. At no point during these events did Tonya apply the Taurus’s brakes.

The Starks suffered numerous injuries in the crash. Gordon looked at his wife immediately after the impact, and he thought she was dead. Cory suffered a cut to his eye area through which his “eyeball” was visible “even though his eye was closed,” as well as a concussion and a neck injury. Gordon shattered his elbow and left wrist and broke his left shoulder. Gordon’s doctors informed him that his left hand might need to be amputated due to the severity of the fracture. Cody and Cheyenne had the most serious injuries. Cody experienced a tear in his liver, several superficial tears on the surface of his colon, a hematoma underneath his bowel, and a perforation of his small bowel causing leakage into his stomach. Cody required [471]*471emergency lifesaving surgery as a result. Cheyenne sustained bruises on her abdomen, an abrasion on her forehead, a tear on the tip of her tongue, and an injury to her spinal cord. Though Cheyenne was able to walk after the crash, her condition deteriorated later that day, and she became paralyzed.

Through their Guardian ad Litem, Cheyenne and Cody (plaintiffs) sued Ford Motor Company (Ford) after the crash. Plaintiffs acknowledged that Ford did not cause the wreck, but claimed that the Taurus’s seat belt system caused their enhanced, or more serious, injuries. Cody and Cheyenne contended that the seat belts did not fit them properly and did not hold them in place during the incident. They alleged these deficiencies in the design of the Taurus caused Cody’s abdominal injuries and Cheyenne’s paralysis. Ford asserted that Cody and Cheyenne suffered these injuries because of the seriousness of the collision and a failure to use the Taurus — and specifically its safety equipment — as it was designed and as Ford instructed. Ford contended the Taurus and its seat belt system are reasonably designed and safe when used properly.

Plaintiffs presented evidence in support of their claims. They offered testimony from Joseph Burton, M.D., an expert in forensic pathology, biomechanics, and occupant kinematics. He testified that seat belts are designed to “couple” a passenger to a vehicle in a crash, allowing the passenger to slow down with the car. When the passenger and vehicle are slowing together, the passenger can rely in part on the crush zone of the vehicle to absorb energy. In contrast, an unbelted passenger continues to move at the same speed the car was traveling before impact until the passenger hits something that causes him to slow down. In that case the passenger does not get the benefit of the vehicle’s crush zone. Dr. Burton stated that a vehicle’s seat belt system should couple the passenger to the vehicle with both a shoulder belt that comes over the passenger’s shoulder and then goes down “along the rib cage” without covering the “soft parts of [the] abdomen,” and a lap belt that rests over the bones of a passenger’s pelvis.

Dr. Burton explained to the jury that the seat belt system in the Taurus did not perform in this manner for Cody and Cheyenne. He opined that a defect in the seat belt system allowed excess belt webbing to come off the spool, creating slack in the belt. This slack prevented the Taurus’s belt system from coupling Cody and Cheyenne to the vehicle as it should have. The shoulder belt slipped off Cody’s and Cheyenne’s shoulders. As a result of that slippage Cody sustained [472]*472bruising from his lap belt over his hips, some type of abrasion “to the right side of his chest” from his shoulder belt, and numerous internal injuries in his abdominal area. Cheyenne suffered a bruise above her navel, a bruise on her lower abdomen from her lap belt, an abrasion on her forehead, a cut on the end of her tongue, and “some changes” in the lumbar area of her spine. Her shoulder belt also acted as a fulcrum, damaging her spinal cord at level T3, which is in her upper back. Dr. Burton informed the jury that he believes that before the crash, both Cody and Cheyenne were properly belted, with their shoulder belts in front of them. He posited that Cheyenne’s smaller size may be the reason for her permanent injury.

Dr. Burton also testified that the collision was not responsible for Cheyenne’s and Cody’s enhanced injuries. He explained that plaintiffs’ enhanced injuries are not what he would expect from the type of collision in which they were involved. Instead, he characterized their injuries as “mechanical injuries,” which “are caused by . . .

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re: West
Court of Appeals of North Carolina, 2026
Moore v. Richmen Enters., LLC
Court of Appeals of North Carolina, 2026
DeLoy v. Lekowski
Court of Appeals of North Carolina, 2025
Crouch v. SunCakes N.C., LLC
Court of Appeals of North Carolina, 2025
Bottoms Towing & Recovery, LLC v. Circle of Seven, LLC
Supreme Court of North Carolina, 2024
WALLS v. FORD MOTOR COMPANY
M.D. North Carolina, 2022
S. Shores Realty Servs., Inc. v. Miller
796 S.E.2d 340 (Court of Appeals of North Carolina, 2017)
N.C. Farm Bureau Mut. Ins. Co. v. Hull
795 S.E.2d 420 (Court of Appeals of North Carolina, 2016)
Turner v. Thomas
794 S.E.2d 439 (Supreme Court of North Carolina, 2016)
Morris v. Scenera Research, LLC
788 S.E.2d 154 (Supreme Court of North Carolina, 2016)
State ex rel. McCrory v. Berger
781 S.E.2d 248 (Supreme Court of North Carolina, 2016)
Sparks v. Oxy-Health, LLC
134 F. Supp. 3d 961 (E.D. North Carolina, 2015)
State v. Walston
766 S.E.2d 312 (Supreme Court of North Carolina, 2014)
Eddie Trammell v. State
Court of Appeals of Georgia, 2014
Stark v. Ford Motor Co.
739 S.E.2d 172 (Court of Appeals of North Carolina, 2013)
STARK EX REL. JACOBSEN v. Ford Motor Co.
723 S.E.2d 753 (Supreme Court of North Carolina, 2012)
Federal Deposit Insurance v. Willetts
882 F. Supp. 2d 859 (E.D. North Carolina, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
723 S.E.2d 753, 365 N.C. 468, 2012 N.C. LEXIS 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stark-ex-rel-jacobsen-v-ford-motor-co-nc-2012.