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June 4, 2009
GM – and a family's loss
Posted: 09:48 AM ET
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Amanda Dinnigan, 10, is paralyzed and on a respirator after a car accident two years ago. Her parents were trying to sue GM for an alleged defective product.
Amanda Dinnigan, 10, is paralyzed and on a respirator after a car accident two years ago. Her parents were trying to sue GM for an alleged defective product.

Joe Johns | BIO
CNN Correspondent

This was one of those stories that sounds almost bland until you start putting in names and faces and conflict and drama. And then it hits you in the gut.

We did a "real impact" piece on the GM bankruptcy, focusing on a family out of Long Island that had had a horrible auto accident –now suing, or trying to sue, GM for an alleged defective product.

Amanda Dinnigan, just 10 years old, was riding in the third row seat of a GM SUV in 2007 with mom driving, when the vehicle slammed into a tree. Amanda had her seatbelt on... but instead of protecting her the way seatbelts are supposed to do, her parents say it snapped her spine.

Now Amanda is now paralyzed and breathes with help from a respirator. She has to be hoisted into and out of bed. And the parents are suing GM and other companies in the line of production because they allege that there was a flaw in the design of the seatbelt.

For a parent - and I'm a parent - the first thing you think is OMG.. OMG.. OMG. In an instant – just like that – you go from worrying about the everyday things that were part of the routine - whether it was just making it to school on time, or just having quality time together or when to take your kid shopping - to this:

Is my daughter going to live? Is she ever going to walk again? And how do I pay for these medical bills? Will have to sell my house? How do I get Medicaid payments to help cover the cost? It's enough to make you think twice when you climb in your car and strap on the seat belt - regardless of whether it's a GM vehicle.

But just to be clear here. the story is not about pointing fingers at GM – because there has been no trial. Theres been no finding of liability. All there is right now is a lawsuit.

The problem we present in the story is whether Amanda's parents ought to be able to make their case and recover damages if GM is found liable.

The way bankruptcy laws work–cases like Amanda's may go to the bottom of the list of priorities to be paid. That's because in a bankruptcy, the company is supposed to get a clean slate so that it can start over.

So when the government forced GM into bankruptcy - one of the families that may have already lost a lot may lose more, and is now asking how this is fair.

3 Comments
3 Comments
Mary Haisley   June 4th, 2009 11:04 am ET

My heart goes out to the girl that was hurt so bad. Years ago there weren't even seatbelts in cars. People would go through the window and die. Now in most states you must wear a seatbelt. If everyone tried suing the car places they would be filing bankruptcy. Oh by the way I do believe GM is filing bankruptcy. I'm sure you daughter can get SSI and title 19 to help her out. I am so sorry want happened. But if she didn't have the seatbelt on she maybe would not be with you now.

Tammy, Berwick, LA   June 4th, 2009 11:24 am ET

While this story is sad, horrible things happen in life. Sometimes there is no one to blame. I have been in two major vehicular accidents. In the first, I wore a seatbelt. My seat was demolished on impact. I apparently released the belt and flew into the passenger seat over the stick shift. Had I stayed in my seat, I'd be dead. The second accident I didn't wear a belt. I was a passenger in the backseat of a minivan. My doc told me afterwards that if I had worn the belt, I would probably have been paralyzed or at a minimum broken my back. This was a head-on collision. Bad driving and decision-making were to blame, not the car makers. Sounds like Mom is trying to relieve some guilt here. Like I said, horrible things happen in life. GM shouldn't be to blame whether or not they can afford to pay or not.

Mary   June 4th, 2009 12:44 pm ET

Tammy, very well said.
We can't put the blame on others all the time, when destiny prevails.
This girl should be receiving care through SSI and the parents insurance co.

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