In March 2007, Lieff Cabraser partners Robert J. Nelson
and Scott P. Nealey served as lead trial counsel in a five week trial
and obtained a $55.2
million verdict for the family of a young father killed due to the park-to-reverse
defect with a 1991 Dodge Dakota pickup truck ($5.2 million in compensatory
damages and 50 million in punitive damages). Lieff Cabraser has handled
and settled numerous park-to-reverse injury cases in the last five years,
yet the Mraz case was the first trial regarding this defect in a number
of years. A "park to reverse" defect is found in vehicles in
which it is possible for drivers to place the vehicle's automatic transmission
shift selector into a position between park and reverse during normal
vehicle operations. This shift position is also referred to as "false
park" or "illusory park."
The evidence at trial showed that the transmission at issue, an A500 (also
called a 42RE or 42RH) was defective in that it allowed the vehicle
to be placed into “false park” (an unintended position
between the park and the reverse gear positions) from which there could
be a dangerous delayed engagement of powered reverse. The
evidence showed DaimlerChrysler received numerous complaints of accidents
and injuries in model year 1988 through 2003 Dakotas equipped with
the same transmission and in other vehicles equipped with the 42
transmission, as well as the nearly identical 44RE, 46RE, 47RE,
48RE, and 49RE transmissions. These vehicles included Jeep Grand
Cherokees, Dodge Rams, and Dodge Dakotas.
On September 24, 2009, the U.S. Bankruptcy Court overseeing the Chrysler bankruptcy proceedings approved the payment of $24 million for the wrongful death of longshoreman Richard Mraz. The settlement is believed to be one of the largest ever of an individual wrongful death action involving an auto manufacturer. The settlement occurred while the case was on appeal from a verdict finding Chrysler's disregard of consumer safety led to the death of a Southern California father of three children. "We're gratified that the Bankruptcy Court has approved the settlement, and the action has been resolved," stated Lieff Cabraser attorney Robert J. Nelson, who served as lead trial and appellate counsel. "We hope that the new Chrysler Corporation will never put short-term profits ahead of the safety of its customers." Learn more....
False park is a very dangerous defect because it appears to the driver
that the vehicle is fully in park--the vehicle idles as it does in neutral
and feels and sounds as it would in park--and the driver may exit the
vehicle with the engine running (e.g., to load the car, get the mail,
etc.) where upon the vehicle can self shift into powered reverse, runing
over the driver or a bystander.
When a vehicle is in false park, the transmission is neither in park
nor in hydraulic reverse, but instead it is in an unstable position between
the two gears. Slight movements can cause the vehicle to self-shift into
reverse. When the vehicle is running, this will cause the vehicle to
move backwards unexpectedly under power. |
