More than five years after Richard Mraz's death from being run over by a Dodge pickup truck, a bankruptcy judge has approved a $24 million wrongful death settlement to be paid by Chrysler to Mraz's family. A California jury had previously awarded the plaintiffs over $55 million for Los Angeles County products liability, but the former DaimlerChrysler filed an appeal that was delayed after the auto manufacturer filed for bankruptcy last April.
Mraz sustained fatal head injuries on April 13, 2004 when he was run over by the 1992 Dodge Dakota he was operating while working at the Port of Los Angeles.
The plaintiffs' lawyers contend that after Mraz got out of the truck, the vehicle slipped into reverse before striking him. While the plaintiffs and defendants were in agreement that the 38-year-old motorist left the truck running and did not activate the parking brake, the two sides did not agree on who caused the Los Angeles County, California wrongful death accident.
DaimlerChrysler argued that the truck wasn't defective and that Mraz died because he neglected to follow proper safety procedures. The plaintiffs, however, claimed that a truck defect--per the over 1,000 "park-to-reverse" complaints that had been filed involving Dakotas, 1988 - 2003 models--caused the fatal truck accident. In 2000, the automaker issued a recall for repairs that failed to fix this defect.
The family's Los Angeles products liability lawyers contended that DaimlerChrysler could have fixed the defect if it hadn't been so worried about the personal injury claims and wrongful death lawsuits it would have to pay.
In March 2007, a California jury issued its $55 million verdict after finding that the auto manufacturer was negligent for failing to issue a proper recall, neglecting to warn consumers about the defect, and for the truck's defective design.
"Park to Reverse" Defect
This defect can prove very dangerous. It lets drivers put the automatic transmission shift selected in the position located between reverse and park modes while the vehicle is in operation. Also called "false park," the "park to reverse" defect can make it look as if the vehicle is in park mode when in fact, it is not. If the driver leaves the vehicle while the engine is running and the auto is in "false park" mode, the car can go into reverse, striking the motorist or a pedestrian.
Judge OKs $24M Chrysler wrongful death settlement, AP/Google, September 24, 2009
Related Web Resources:
More Chrysler Personal Injury Lawsuits Will Be Recognized by New Company, About Lawsuits, August 31, 2009
