Strange Twist in Air Bag Death Suit

C A M D E N, N.J., Oct. 26, 2000 -- It began as a product liability lawsuit by adentist who claims his pregnant wife was killed by a deploying airbag. But the case has since taken a new twist, bolstered byallegations of adultery, conflicting medical reports and suspicioustelephone records.

Now, the prosecutor’s office has reopened the investigation intoher death.

Dr. Eric Thomas, of Cape May County, maintains his first wife,Tracy, was killed by a deploying air bag when she drove their FordExplorer into a pole on a snowy night in 1997. He has sued FordMotor Co., alleging wrongful death.

But the automaker, citing forensic experts the company hired forthe case, contends Tracy Thomas, 37, was strangled.

Ford: Evidence of Affair

Ford alleges the 35-year-old New Jersey dentist was having anaffair at the time of his wife’s death. Company lawyers William J.Conroy and Glenn A. Zeitz say telephone records show Thomasreceived more than 140 calls from his high-school sweetheart inAustin, Texas, in the three months before his wife died Feb. 9,1997. At least seven of the calls came the day of the accident, thelawyers say.

Eric Thomas married Stephanie Arrington, 34, a year and a halflater.

Urged by Tracy Thomas’ family, prosecutors reopened theinvestigation last week, when the phone records came to light.Acting Prosecutor David Blaker said he wants to review the records.

Suspicious Behavior

According to court records, Eric Thomas’ actions after hiswife’s death caused her parents to become suspicious. He had askedthem not to talk about Tracy and to take down any photographs ofher when the couple’s daughter, Alix, went to visit them at theirhome on Cape Cod, Mass.

Ford’s lawyers have asked U.S. Magistrate Joel B. Rosen to letthem re-interview Thomas. But his lawyers on Wednesday asked thejudge for more time, saying they needed to review records.

“It’s a large case, there are a lot of documents,” said JohnEastlack, one of Thomas’ lawyers.

The judge scheduled a hearing for Nov. 9.

Lawyers on both sides declined to comment after Wednesday’scourt session, saying the judge had barred them from speaking aboutthe case.

Rosen on Oct. 11 ordered that depositions by Eric and StephanieThomas be postponed because the case could become a criminalmatter.

Defamation Suit

Eric Thomas also is suing the automaker for defamation forimplying that he killed his wife. Thomas insists he had nothing todo with her death.

“I can honestly tell you that I did not kill my wife,” he toldThe Philadelphia Inquirer in a story published last month. “I cantell you the air bag did.”

Thomas said he sued the automaker to highlight the dangers ofair bags.

“I know that Tracy would do the same thing for me,” he said.

According to Thomas’ lawsuit, the couple were wearing seatbelts, and Alix, then 18 months old, was strapped in the back seat.Tracy Thomas, who was six months pregnant, hit a pole when sheveered off the snow-covered road to avoid a deer.

When a passing motorist stopped nearly an hour later, she had nopulse. Both mother and unborn child were pronounced dead at thescene. Eric Thomas was unconscious; their daughter was notseriously injured.

Two months later, Dr. Elliot Gross, Cape May County’s medicalexaminer, said Tracy Thomas’ death was caused by blunt force traumaconsistent with a motor vehicle accident.

But forensic pathologist Dr. Michael M. Baden, one of severalexperts retained by Ford, said hemorrhages in her eyes and neckwere inconsistent with air bag injuries, but consistent with themanual compression of the neck.

Dr. James V. Benedict said an exploding air bag would generateforce to the victim’s body for “less than the blink of an eye”while the pressure needed to cause the injuries found on TracyThomas’ body lasted at least 30 seconds.

“This case began as any other product liability lawsuit, and wehired experts to identify the cause of the accident and injuries,”Ford said in a statement. “Our suspicions arose when the evidenceclearly established that the air bag played absolutely no role inTracy Thomas’ unfortunate death. ... Mrs. Thomas died ofcompression of the neck by the hands of another.”