Kayla White Jeep Liberty's lawsuit continues after a judge ruled against Fiat Chrysler's motion to dismiss the lawsuit holding the location of the Jeep fuel tank responsible for White's death.
The lawsuit was filed by the family of 23-year-old Michigan resident Kayla White and her unborn son, who were burned in November 2014 after the Jeep Liberty gas tank was torn in 2003 in a rear-end collision.
According to the lawsuit, White's father bought a Jeep Liberty with a gas tank behind the rear axle in 2003, and in 2013, White's parents gave her the 2003 Jeep Liberty. Then in 2014, the FCA released a recall notice for Jeep Liberty SUVs 2002-2007 with rear-mounted fuel tanks.
On November 11, 2014, the pregnant White drove to work in the Jeep, when she was forced to slow down to heavy traffic. Her jeep was hit by a car driven by Clarence Heath, who could not brake in time. White's Jeep was pushed into the car in front of her, which in turn was pushed into another vehicle.
The front bumper of Heath's car made a "dive" because of Heath's strong braking maneuver just before the impact, causing the front of the car to go under the rear bumper of the Jeep. The front of the car slammed into the tank and turned the jeep on the driver's side to close the driver's side. The tailgate of the Jeep also opened on impact.
The lawsuit alleges that White was not seriously injured by the collision until the Jeep fuel tank broke open and emanated gas that quickly ignited. Kayla White was unable to escape the jeep as the rollover closed the driver's door. The flames spread in the hatch while White tried to open the passenger door.
It was found that Weiss and her unborn child died from burns and smoke poisoning in the Jeep.
White's family filed a liability claim against the driver of the other vehicle, Clarence Heath (who was sentenced to 10 days in jail for the accident), and FCA US, LLC, also known as Fiat Chrysler, US, LLC.
The 2003 Jeep was manufactured by Chrysler LLC, a company that ceased operations after filing for bankruptcy in 2009
The White family said the FCA US, LLC had the assets of the "Old Chrysler" as part of a Master Transaction At the beginning of 2009, the "Alt – Chrysler" entered into insolvency proceedings with a partial take – over of the company. Englisch: www.cosmetic-business.com/en/showar…p?art_id=544 The bankruptcy estate was linked to the US government and the sale of most assets and operations of Chrysler to the Italian automaker Fiat, SpA. The new unit was Fiat Chrysler, US, LLC, or FCA US, LLC.
FCA filed its motion to dismiss the white suit, claiming that the 2003 Jeep Liberty was manufactured by Old Chrysler, so the new FCA US can not be held responsible for the FCA US at the time of development, manufacture and the sale of the SUV did not exist.
The story goes back to a few years when the National Highway Traffic Safety Administration (NHTSA)
Vehicles are safe and refused the government callback request. A few weeks later, the automaker said it would recall
The repair consists of installing a tow bar on the back of the jeeps to protect the gas tanks, at least on slow bumps. The automaker, however, said the clutches would only provide "an incremental improvement in crash energy management for low to medium speed rear-end collisions."
Continuing the suit, the judge ruled that the plaintiffs filed a claim that FCA (itself, not its predecessor) acted inappropriately in carrying out the voluntary recall of Jeep Liberty 2003 when it neglected or immediately refused to do so, to post an ad after being instructed by the federal government to do so.
The judge also said the plaintiffs adequately pleaded that FCA could not warn drivers of the severity of the risk of fuel burns that could result from a collision with a ruptured gasoline tank, and neglected the drivers of the affected Jeep models Parking Cars and Not Driving Them Back to Repair
The judge also found that the lawsuit plausibly puts forward enough meaningful evidence to suggest that Chrysler knows he knows he failed to comply with White "Hazardous Defect" warning The design of the Jeep Liberty's fuel tank, which resulted in the escalation of a surviving rear-end collision into a gruesome spectacle, killed Kayla White and her unborn child.
Although the lawsuit continues, FCA says the 2003 Jeep Liberty meets or exceeds all federal safety standards and has an excellent safety record.
Kayla White Jeep Liberty's lawsuit has been filed with the US District Court for the Eastern District of Michigan, Southern Division.
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