Numerous lawsuits against Ford, General Motors, Chrysler and other manufacturers of 15-passenger vans have been settled out of court. Generally, these auto manufacturers prefer to settle rather than undergo the expense and publicity of a public trial.
Wichita Case
Although several lawsuits had been settled out of court by 2002, the first U. S. case to go to trial concerned the fatal rollover crash of a 15-passenger van in Wichita Falls, Texas, and was tried in the 78th District Court. The lawsuit filed against DaimlerChrysler and Michelin was for the wrongful deaths of four persons and the serious, permanent injury of eight others.
The Crash
The van, carrying members of the First Assembly of God Church of Burkburnett, Texas lost control as the result of a blown tire, rolled over and crashed on May 8, 2001.
The crash happened just a few weeks after the NHTSA issued its second advisory warning that 15-passenger vans are unstable and unsafe.
The Lawsuit
The lawsuit claimed that DaimlerChrysler knew that its 15-passenger van demonstrated an increased rollover risk under emergency conditions. It also charged that DaimlerChrysler failed to give sufficient warnings and instructions about foreseeable dangers such as tire failure or possible loss of control. It also alleged that the Michelin tires were not properly vulcanized, nor did their design include decent mechanisms to prevent tire detreading.
When a motion filed by Michelin to bar the public from the courtroom and put a gag order on the jury, was turned down, they chose to settle out of court rather than risk allowing critical documents concerning the safety of the tires be disclosed in the courtroom.
The settlement compensated the surviving victims and families of the deceased for all medical expenses, loss of past and future earning capacity, compensation for physical impairment, pain, mental anguish and other extenuating losses.
Enterprise Lawsuit
Another significant lawsuit was filed against Ford Motors and Enterprise Rent-a-Car regarding the 2002 Ford Econoline E-350 which was rented from Enterprise on March 28, 2003. Fourteen passengers met to attend a religious retreat. As the van rounded a curve in the road, the driver lost control and the van rolled over several times. Five passengers were killed and the others seriously injured in the crash.
Allegations were that Ford Econoline E-350 vans contain design and manufacturing flaws such as a high center of gravity and inadequately designed wheel base which cause a greater likelihood of a rollover in emergency maneuvers. Plaintiffs also alleged that these vans have inadequate crash protection. This was also settled out of court.
Future Lawsuits
The fact is, Ford, Chrysler, General Motors and other manufacturers know that the dangers of these vans, but prefer to settle case by case rather than get involved in a pricey recall.
As a result, hundreds, maybe thousands, of innocent people will lose their lives as these vans continue to be used on the highways.
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