Nissan sued after grandmother's finger is partially amputated in car window

Michelle Keahey Aug. 31, 2011, 11:10am

After her finger was partially amputated in a car window, a Lafayette grandmother has filed a lawsuit against Nissan for allegedly placing the car's aesthetics over safety.

Kathi H. Landry filed suit against Nissan North America Inc. and Nissan Motor Co. Ltd. on Aug. 24 in federal court in New Orleans.

Landry is the owner of a 2007 Infinity M35, which is manufactured by Nissan.

The alleged incident occurred on Aug. 24, 2010 as Landry, her daughter and her grand-daughter were traveling to Thibodaux.

The family was stopped at a gas station in Gray, La. when the accident occurred. Landry states that while the vehicle was parked and she was standing outside of the vehicle near the passenger door, her daughter put the window down to talk to her. During the discussion, Landry's hand was positioned in the window and her right ring finger, below the finger nail, was amputated by the window, when it was rolled up.

Landry argues the defendants are liable under the Louisiana Products Liability Act. She states that the vehicle was unreasonably dangerous in design and unreasonably dangerous because of inadequate warning.

Specifically, Landry states that the defendant's decision to put "aesthetics" over safety in the design of the rear window created a "guillotine" like angled rear window, which subjected consumers to amputation of their fingers without an adequate auto reverse device/function equipped with proper load sensor.

The plaintiff is seeking damages for medical expenses, loss of earning capacity, general damages for pain and suffering, mental anguish, lost wages, interest and court costs.

Landry is represented by James H. Domengeaux of Domengeaux Wright Roy & Edwards in Lafayette.

U.S. District Judge Eldon E. Fallon is assigned to the case.

Case No. 2:11-cv-02095

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