Category: Blog

Jurors in Decatur County ruled Thursday that Chrysler acted with reckless disregard for human life in selling the family of Remington “Remi” Walden a 1999 Jeep with a gas tank mounted behind the rear axle.

Walden, of Bainbridge, Georgia, was killed when the Jeep driven by his aunt was hit from behind by a pickup truck in March 2012. The fuel tank leaked, engulfing the Jeep in flames and killing the boy.

The verdict comes nearly two years after Chrysler compromised with a federal safety agency and agreed to a scaled-down recall of some older-model Jeeps with the rear-mounted tanks. The tanks have little structure to protect them if struck from behind, making them susceptible to punctures and fires.

Federal documents show that at least 75 people have died in post-crash fires because of the rear-mounted fuel tanks.

The 11-woman, one-man jury ruled after a nine day trial that Chrysler was 99 percent at fault for the crash and the pickup driver was 1 percent at fault. Jurors also determined that Chrysler failed to warn the family of the hazards of driving the Jeep. They ruled that the Waldens should get $30 million for Remi’s pain and suffering and $120 million for the full value of his life, according to a verdict form.

Mike Palese, spokesman for Chrysler parent company FCA US, said the company is disappointed with the verdict and would appeal. Chrysler, he said, was prevented from presenting data submitted to federal safety regulators showing that the vehicles did not pose an unreasonable safety risk.

“The vehicles are not defective,” Palese said.”

Tragedy:  See http://www.autosafety.org/walden-v-chrysler-trial

Advocacy:  See http://www.autosafety.org/jeep-grand-cherokee-fires-homepage

CAS defect petition work that stimulated the NHTSA investigation. See

http://www.autosafety.org/jeep-grand-cherokee-defect-petition-file  

CAS crash tests. See http://www.autosafety.org/jeep-grand-cherokee-crash-tests

Trial:  See verdict attached.

Future Tragedies

More tragedies are expected: * defective Jeeps are still on the roads  * “fixes” approved by NHTSA are inadequate. 

*  NHTSA still not “fixed” and is still captive of auto industry.

*  $150 million award may be reduced by courts or settlements

*  $150 million award may be tax deductible and paid by taxpayers

At least a Justice and Safety message has been sent.

Lou

2. Why did the Obama administration not defend the rights of crash victims?

“The new head of the National Highway Traffic Safety Administration (NHTSA) says the agency may reopen an investigation into the gas tank fires in older Jeep Cherokees that safety advocates say have taken at least 270 lives.

NHTSA Administrator Mark Rosekind also said the agency is not happy with the plodding pace of the effort to retrofit millions of Jeeps with non-functioning trailer hitches — the scheme cooked up at a secret meeting between Rosekind’s predecessor and Sergio Marchionne, the CEO of often-renamed Chrysler, now known as FCA US LLC in the United States.

“We’re not satisfied with the current situation so we are looking for every avenue that would be appropriate for us to take action,” Rosekind said in a meeting with reporters at the New York International Auto Show, the Detroit News reported. “Given all of the stuff that’s going on, we want to figure out what else we can be doing.”

Rosekind confirmed he is considering reopening the investigation and said: “Everything is on the table. … I have organized a group who is actually looking at any other actions that are available for us given the situation.”

“A federal jury in Georgia last week found that Chrysler showed “reckless or wanton disregard for human life” in the death of Remington Walden, 4, who died when the 1999 Jeep Grand Cherokee driven by his aunt was rear-ended in a 2012 accident. The jury awarded the family $150 million and said Chrysler was 99% responsible for the accident.”

In the Jeep fatal Walden case, NHTSA protected former NHTSA Administrator David Strickland from being deposed by plaintiff attorney Jim Butler.