Cherryl and Timothy Kedzuch struck a small deer in their vehicle, causing the air bag to deploy. The air bag’s deployment resulted in a severe femur fracture to Cherryl Kedzuch, who contended she sat cross-legged in the front passenger seat.
Plaintiffs argued that the sensor calibrations on the vehicle were set too low. They also alleged that other manufacturers conducted simulated deer testing in calibrating their sensor systems to eliminate deer impact deployments.
Defendant maintained that calibrations on the crash sensors were set to ensure optimum performance. The defense also contended that the plaintiff was not sitting cross-legged, but was seated with her leg on the dashboard at the time of the air bag’s deployment.
Plaintiffs sought $5.1 million. The jury returned a verdict for the defense.