06/09/03 - Nissan Motor Company and FP&L's conscious indifference results in devastating injury to small child

Nissan Motor Company and FP&L’s conscious indifference results in devastating injury to small child

For More Information contact:
Kim Sailer, 561-684-6500 or
Kyle Zimmer, 561-626-0026, ext. 17

June 9, 2003

CORAL SPRINGS, FL – On the morning of October 19, 2000, Coral Springs resident, Nadine Brailsford, was doing her weekday morning routine, starting the day by driving her young son, Corey to preschool. Nadine was driving her 1998 Nissan Sentra. Corey was seated in the center rear seat wearing the lap belt only restraint. The center rear seat did not have a shoulder belt.

Unexpectedly, Nadine lost control of the Nissan and struck a Florida Power & Light (FPL) utility pole that was located just 4 inches from the curb. Nadine, who was wearing both her lap and shoulder belt, suffered minor injuries. Corey suffered a neck injury, which left him a quadriplegic. Corey would have suffered minor to no injuries if Nissan had designed and installed a safe and effective center rear seat restraint system, which included a shoulder harness.

This accident never would have happened had FPL followed the law in regards to placement of its utility pole. The pole installed in 1996 by the FPL, was just 4-6 inches from the curb. This distance is not in conformity with state requirements, applicable industry standards and prudent engineering safety practices. Moreover, FPL’s own guidelines call for further setbacks of the pole.

“I invite anyone to do the measurements here,” said Edward M. Ricci, the family’s attorney, a partner in the firm of Ricci ~ Leopold. “Visualize if you will driving along one of the busiest streets in South Florida. Veering just a tad to the right to avoid a bump, and there within four small inches of the curb is a utility pole. That simple oversight, caused this accident.”

Ricci and his partner, Theodore J. Leopold, have filed a lawsuit on behalf of Nadine and Corey Brailsford naming Nissan Motor Company, Coral Springs Nissan and FPL in the suit.

“Knowing for over 40 years the severe dangers of lap belt only restraints, it is hard to understand why in 1998 Nissan would design and install a lap belt only restraint in the rear center seat, especially when they tell vehicle owners that that is the safest location in the car to put your child,” said Leopold. “We hope that in addition to helping Nadine care for Corey that this lawsuit will help to inform and warn parents about the ineffective and unsafe nature of many vehicle’s center rear seat lap belt only restraint systems.

Edward M. Ricci and Theodore J. Leopold are partners in the law firm of Ricci ~ Leopold, P.A. The firm founded in 1982, headquartered in West Palm Beach, Florida, with offices located at 1645 Palm Beach Lakes Boulevard. Mr. Leopold can be contacted at 561-684-6500. Additional information about Ricci ~ Leopold, PA and this case may be obtained from the firm’s website at www.riccilaw.com.