Chrysler Settles Minivan Case Involving Death of Toddler Atlanta

Chrysler Settles Minivan Case Involving Death of Toddler Atlanta, Georgia - July 10, 2007 - Just days after a tragic minivan accident in Connecticut claimed four lives, Chrysler settled a lawsuit involving the death of an 18 month old Atlanta boy who died under similar circumstances in 2006. The amount and terms of the settlement are confidential.

The family of Ian Escobar sued Chrysler after Ian was run over and killed by the familys 1997 Plymouth Voyager Minivan on June 6, 2006. Ians brother, Gabriel, 4, shifted the vehicle out of park causing it to roll over Ian.

The familys lawsuit alleged that the vehicle was defective because, unlike most cars, the vehicle did not have a brake shift interlock device that prevents it from being shifted out of park unless the brake pedal is depressed. Chrysler did not install the safety feature on its vehicles until 2001.

Police in Connecticut are investigating a similar accident where a 1999 Grand Voyager plunged into a lake during a family 4th of July outing because a child passenger in the van apparently shifted the vehicle out of park. Three children and the adult driver drowned after they were unable to escape from the submerged van.

Chryslers failure to incorporate a brake shift interlock device in its minivans has prompted a number of lawsuits against the company and resulted in a 4.5 million dollar verdict against the automaker in 2005.

A federal jury in Atlanta found Chrysler negligent in a case brought by the family of 2 year old Madison Hamby after Madison shifted a Chrysler minivan out of park causing it to roll down a hill. Hamby was ejected from the vehicle, run over, and killed. The family alleged that a brake shift interlock device would have prevented the Hamby accident and during trial pointed to hundreds of other similar accidents involving children shifting Chrysler vehicles out of park.

Consumer law attorneys Jeffrey R. Harris and Darren W. Penn of the Atlanta law firm Harris Penn & Lowry, LLP represented the Hamby family at trial, and also represented the Escobar family in connection with the recent settlement. The law firm has been involved in a number of cases against Chrysler for the automakers failure to incorporate a brake shift interlock device in its vehicles.

I am grateful that we were able to get this case resolved on behalf of the Escobar family, said Harris, but this recent tragedy in Connecticut underscores the fact that these vehicles are very, very dangerous and need to be recalled.

Although Chrysler began installing brake shift interlock devices on its minivans in 2001, the company actually designed its 1996-2000 model year minivans to include the interlock device but decided not to include the 9 dollar part on those vehicles because it was not a mandatory safety feature. It is inconceivable that this company would choose not to include this simple safety feature in vehicles it markets and sells to families said attorney Harris.

As a result of a 2006 voluntary agreement between Chrysler and the National Highway Traffic Safety Administration (NHTSA) all Chrysler vehicles will be equipped with a brake shift interlock device by 2010. The agreement does not require that older vehicles like the 1999 model year minivan involved in the Connecticut accident be recalled and incorporated with the device. That leaves approximately 9 million Chrysler minivans that have been sold without the brake shift interlock feature.