Dorothy Lynn Campbell, et al. v. Burt Toyota-Diahatsu, Inc.

Wrongful Death - Seat Belt - The Campbells owned a 1983 Toyota automobile (not purchased
from Burt) in which the retractor mechanism in the driver's
seatbelt had ceased to function in 1989. This caused excess slack
from the seatbelt to remain loose and rest on the lap of the
driver. David Campbell determined that he could not fix the
mechanism, so Dorothy Campbell modified the seatbelt by folding
and securing the slack with a clip from a child car safety seat
she had purchased (not from Burt or Toyota).

The Campbells brought the car to Burt's repair shop in 1992
for unrelated repairs and inquired into the repair of the
seatbelt. Evidence was presented that they were told that, to
have the retractor function properly, it would have to be
replaced. The Campbells declined to have the driver's seatbelt
replaced.

The seatbelt was never repaired, and ultimately David
Campbell died July 7, 1993, as a result of injuries he sustained
in an automobile collision in which he was wearing the seatbelt
in its modified condition.

Plaintiffs settled with the other people involved in the
collision and subsequently brought this lawsuit against Burt. At
trial, Burt moved for a directed verdict at the close of plaintiffs'
evidence and again at the close of all evidence. The trial court
denied both motions.

Burt contends that it owed no duty to warn David Campbell
regarding the safety hazard of the modified seatbelt and that the
trial court erred in denying its motions for directed verdict.

Verdict for the plaintiff for an unknown amount

Unknown

Unknown

Reversed and remanded with directions to vacate by the Court of Appeals of Colorado. See: 983 P.2d 95 (Colo. App. December 24, 1998). Note: The above date reflects the appellate court decision date, not the original trial date. Reported by kkm.