PITTSBURGH – A Missouri woman alleges that the driver’s seat of the Nissan Sentra she rented failed during a multi-car collision, resulting in her suffering paralyzing spinal injuries.
Mary Carlson of Mountain Grove, Mo. first filed suit in the Allegheny County Court of Common Pleas on Nov. 15 versus Nissan North America, Inc. of Franklin, Tenn., Nissan Technical Center North America, Inc. of Farmington Hills, Mich., Nissan Motor Company, Ltd. of Kanagawa, Japan, Nissan Design America, Inc. of San Diego, Calif., Hertz Corporation of Estero, Fla., Derek D. Brown of Pittsburgh, Eric R. Seifert of Johnstown, ABC Corporations A-Z and John Does 1-10.
According to the suit, the Nissan defendants did manufacture and place into the stream of commerce the 2019 Nissan Sentra equipped with front seats designed by Nissan, which was rented out by the Hertz defendant.
“On or about May 9, 2021, plaintiff Mary Carlson was a belted driver in the subject Nissan Sentra which she rented from defendant Hertz at the 4560 McKnight Rd, Pittsburgh, PA 15237 location. The subject Nissan Sentra was traveling eastbound in the middle lane on Interstate 376, approaching the Forrest Hills exit. At all times relevant, subject Nissan Sentra was being used as intended and in a reasonably foreseeable manner,” the suit says.
“As the subject Nissan Sentra was traveling eastbound, the Nissan truck driven by defendant Brown pulled in front of the subject Nissan Sentra and came to a complete stop. In response, plaintiff stopped the subject Nissan Sentra behind the stopped Nissan truck. Defendant Brown then put the Nissan truck into reverse and backed into the subject Nissan Sentra. After colliding with the front of the subject Nissan Sentra, defendant Brown pulled the Nissan truck forward, got out of the vehicle, and approached the driver’s side window of the subject Nissan Sentra.”
The suit adds that the plaintiff kept her windows shut and called 911, while a third vehicle, a Ford Vehicle driven by defendant Seifert, failed to stop and rear-ended the subject Nissan Sentra, causing the subject Nissan Sentra to collide with the rear of the Nissan truck again.
At that time, the suit continues that defendant Brown then went back to the Nissan Truck and continued to steal a vehicle from a Good Samaritan that stopped to help.
“When the collision occurred, the driver’s seat of the subject Nissan Sentra failed, collapsing backwards and allowing plaintiff to move from a restrained position toward the rear of the subject Nissan Sentra. The failure of the seat allowed plaintiff to become unrestrained and partially ejected from her seat. The subject collision was at foreseeable and survivable impact speeds for the driver, had the supplemental restraint system and driver seatback of the subject Nissan Sentra performed as designed and intended,” the suit states.
“Plaintiff Mary Carlson’s catastrophic injuries, including but not limited to her resulting paralysis, was caused by the catastrophic failure of the subject Sentra, which was designed, manufactured, assembled, tested, advertised, sold and supplied by the Nissan defendants and rented to plaintiff by defendant Hertz. As a result of the defection condition of the subject Sentra, including but not limited to the driver seat failure, plaintiff suffered serious, permanent, and catastrophic injuries, including but not limited to, a C2- C7 unstable cervical spine injury, bilateral pilon fractures at C-6, ventral epidural hematoma, and bilateral vertebral artery occlusions resulting in paralysis, incontinence, neuropathic pain, depression, anxiety, other mental injuries, medical expenses, lost wages, loss of use of her body, disfigurement, disability, loss of earning potential and severe pain and suffering, and will continue to suffer from these serious permanent and catastrophic injuries for the rest of her life.”
For multiple counts of negligence and strict liability, the plaintiff is seeking damages in excess of $50,000, plus any other relief this Honorable Court deems appropriate.
The plaintiff is represented by James R. Ronca and Meghan Mills of Anapol Weiss, in Philadelphia.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-22-013970
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com