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Spokane, Washington  Est. May 19, 1883

Carmaker Fires Back At Mother Says Decapitated Child Was Not Properly Secured In Safety Seat

Associated Press

Volkswagen officials say a slow-speed collision which deployed air bags in a Jetta and killed a 1-year-old girl is a question of whether her child seat was secured properly.

Boise-area mother Autumn Rebecca Blackman’s attorney replies the suit filed Friday in 4th District Court against the German automaker is about air bag safety.

No criminal charges will be filed against either the mother or another driver in the Nov. 26 accident in which an air bag decapitated 1-year-old Alexandra Greer.

However, attorney Alan Morton filed a civil suit against the other driver, Christine Polatis, and Volkswagen of America, alleging both contributed to the baby’s death.

Volkswagen spokesman Tony Fouladpour disputed Morton’s claims that the company was negligent in the design and manufacture of the Jetta.

“Based on the information we have, the coroner’s report was accurate,” Fouladpour said. “Our information also indicates that there was nothing wrong with the air bags.”

Greer’s death fueled a national debate over the safety of children and air bags. In response, Sen. Dirk Kempthorne, R-Idaho, has demanded changes in safety standards.

A criminal investigation centered on whether Polatis or Blackman, both of the Boise area, violated any traffic or child-restraint laws, Boise City Attorney Susan Mimura said Friday.

“There wasn’t sufficient evidence to determine whether the baby was seat belted in,” Mimura said. “The evidence would not have supported prosecuting either driver.”

Ada County Coroner Erwin Sonnenberg investigated the case and ruled that Blackman failed to properly secure the child safety seat to the front seat of the Jetta.

“The car safety seat definitely went forward and hit the dash,” Sonnenberg said. “To do that, it could not have properly been seat belted in.”

Blackman had said the car seat was properly strapped in and she unbuckled it after the crash. In May, National Highway Traffic Safety Administration spokesman Tim Hurd said the agency backed up Sonnenberg’s finding.

That November afternoon, a Dodge Neon driven by Polatis turned left into the ShopKo parking lot. The Jetta slowly turned into the lot, hitting the Neon’s rear bumper.

Despite the fact that Blackman rear-ended Polatis, the lawsuit alleges that Polatis did not yield the right of way.