CAS Summary Judgment Motion Reply and Exhibits

CAS Summary Judgment Motion Reply

Exhibits I to L – Airbag Replacement Campaign

Exhibit M – 1994-95 Altima FMVSS 208 Certification Tests

Exhibit N – Nissan May 31, 2001 Letter

Exhibit O – 1995.5-97 Altima FMVSS 208 Certification Tests

Nissan Recalls Altimas to Replace Air Bags

By Christopher Jensen
Plain Dealer Auto Editor

Friday, April 25, 2003
Edition: Final, Section: Business, Page C3

After a two-year fight, Nissan Motor Co. said yesterday that it would
voluntarily recall almost 249,000 of its 1994 and 1995 Altimas to replace
passenger-side air bags that federal investigators worried could cause
serious eye injuries.

Nissan continued to insist that there was nothing wrong with the air bags,
which the automaker will replace for free.

CAS Urges Consumers to Replace Passenger Airbag in 1994-95 Nissan Altima

NHTSA Investigation Shows Moderate to Severe Eye Injury Nearly 300 Times Greater Than In Other Cars

Airbag Injuries to Passengers Bedevil Nissan

Airbag Injuries to Passengers Bedevil Nissan

Nissan Tested Altima Air Bag Replacement

By Myron Levin, Los Angeles Times Staff Writer

Nissan Motor Co. has quietly developed a possible replacement for air bags in some of its Altima cars that are linked to severe eye injuries, newly disclosed documents show, even though the automaker has publicly denied there is any safety problem.

A least 40 people have suffered eye injuries or blindness when passenger-side air bags deployed in the Altimas, often in minor crashes, say safety groups and lawyers for people who have sued Torrance-based Nissan North America Inc.

Air Bag Lawsuits Blame Nissan for Eye Injuries

November 17, 2002
By Myron Levin,
Los Angeles Times Staff Writer

Ali Warsome is blind. This is how it happened:

In April, he was riding in a car that hit a divider on a roadway in Washington, D.C. It wasn’t much of a wreck; the ’94 Nissan Altima didn’t even need a tow.

But the air bag struck his face with such force that Warsome’s battered left eye had to be removed. Surgeons were unable to restore the vision in his right eye because "the retina was completely shredded," according to his medical records.

1994, Early 1995 Nissan Air Bags Continues to Jeopardize Passengers; Nissan, Government Must Act

Aug. 7, 2002
Statement of Public Citizen President Joan Claybrook

About a year and a half ago, Public Citizen and The Center for Auto Safety asked the federal government to investigate a spate of severe eye injuries caused by passenger-side air bags in the 1994 and early 1995 Nissan Altima and require a recall. We knew at that time that the air bag’s design was defective and that it punched passengers in the eye when it inflates. We knew people were being blinded.

Defective Nissan Altima Passenger-Side Air Bags Blind People

Defective Nissan Altima Passenger-Side Air Bags Blind People; 1994, Early 1995 Cars Should Be Recalled

Approximately 197,500 Vehicles Still on the Road; NHTSA Investigating

WASHINGTON, D.C. – Public Citizen and the Center for Auto Safety today called on the federal government to recall 1994 and early 1995 Nissan Altimas because their passenger-side air bags are defective and can cause blindness and permanent eye injuries. They also urged people who ride in those Nissan Altimas not to sit in the front passenger seats of the vehicles.