Lawsuit Filed by Parents of Brain-Damaged Girl Settled

By Merylee Robbins

Published on October 24, 2005

In 2001 Olivia was found with her neck trapped in the automatic window of the family's 1995 Toyota 4Runner. The Baileys freed Olivia from the window, however her brain had been deprived of oxygen for so long that she had become permanently brain damaged. As a result of their daughter's severe injuries, Rock and Michelle Bailey filed a civil lawsuit against Toyota Motor Corp., the vehicle manufacturer, and Church Brothers Collision Repair, who had performed repairs on the vehicle in the past, claiming that the accident was the result of improperly installed window controls. The amount of the settlement has not been disclosed.

Newer vehicles are now equipped with safety mechanisms to prevent windows from closing when there is an obstruction of any kind. Nationwide the deaths of seven children resulting from similar window entrapment accidents have been reported in the last three months.

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