Smoot v. Mazda Motors Of America, Inc.

469 F.3d 675 (7th Cir. 2006)

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Nature of the Case

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Facts

P was driving her one-year-old Mazda at 35 to 40 m.p.h. when she struck either a chunk of asphalt or, more likely, a large pothole. Deployment of the airbags was triggered by the collision, causing the injuries of which she complains. The day before the accident P had received a notice from Mazda that there was 'an increased risk of airbag deployment in a low-speed crash or minor impact to the undercarriage' in the model that P was driving, and that the owner should contact a Mazda dealer to have the airbag control unit reprogrammed. Her husband had made an appointment with the dealer for a few days later-too late. P wanted to base their case on the doctrine of res ipsa loquitur. The trial court rules that res ipsa loquitur was not available in this case, then disqualified P’s expert and dismissed the case. P appealed.