Lawyers for the family of a 4-year-old killed in a gas tank fire in a Jeep accused Fiat Chrysler Automobiles NV of misleading the public and federal safety regulators, reports The Detroit News.
Last month, Fiat Chrysler asked a Georgia judge for a new trial after a jury in April awarded $150 million to the family of Remington Walden, who was burned to death when the SUV was hit from behind in March 2012. The 1999 Jeep Grand Cherokee’s design had a plastic gas tank mounted behind the rear axle which ruptured and leaked gasoline, causing a fire.
“Despite the fact FCA killed Remington Walden by fire, and the jury so found, FCA still refuses to accept any responsibility or even express regret to the family and community,” said Jim Butler, a lawyer for the Walden family.
In April, the jury in Decatur County, Georgia, ruled that Fiat Chrysler was 99 percent responsible for Walden’s death, and that it acted with reckless disregard for human life in selling the Jeep to the family.
“FCA has tried to mislead everyone — the court, the jury, NHTSA, and the public,” said Jeb Butler, another lawyer for the family. “FCA should look in the mirror — its problem is the simple fact its product is indefensible, but at trial FCA tried to defend that product by making things up.”
Michael Palese, a spokesman for Fiat Chrysler, said the company hadn’t seen the response and had no comment beyond the company’s request for a new trial.
The April 2 verdict came nearly two years after Fiat Chrysler compromised with U.S. safety regulators and agreed to a scaled-down recall of 1.56 million older-model Jeeps with the rear-mounted tanks. The recall fix involves installing a trailer hitch assembly to give the tank some protection.
Last month, the National Highway Traffic Safety Administration ordered Fiat Chrysler to answer detailed questions about 20 recall campaigns — including the Jeep campaign — and ordered the automaker to attend a July 2 public hearing. NHTSA has repeatedly criticized Fiat Chrysler for not doing more to get recalled Jeeps repaired faster.
A Georgia judge will hear the bid for a new trial July 14.
Lawyers for Walden noted that Fiat and chairman and CEO Sergio Marchionne have repeatedly said Jeeps with rear gas tanks were “absolutely safe.” The lawyers said the company has settled dozens of fire lawsuits; they argued that until the most recent case, the automaker had never gone to trial to defend the vehicles. In the Walden case, the parents refused settlement offers before trial, lawyer Jim Butler said.
Fiat Chrysler said the jury’s award of $120 million for the life of Walden and $30 million for his pain and suffering are “grossly excessive” and illegal under Georgia law. The company also contends the amounts are far higher than the largest awards in Georgia history that have been upheld on appeal.
In its motion, Fiat Chrysler said the $120 million wrongful death award is more than 11 times the largest such award upheld on appeal in the state. The $30 million pain-and-suffering award is more than four times larger than the largest upheld in Georgia.
Fiat Chrysler argues that the boy’s suffering was brief, and that previously, the largest pain-and-suffering award in Georgia was $7 million for a person who was hospitalized for months, paralyzed and endured severe pain. “A $30 million pain-and-suffering award for what plaintiffs acknowledge was at most one minute of suffering is irrational,” the motion said.
Federal documents show that at least 75 people have died in post-crash fires due to the tanks.
Chrysler has long contended that the Jeeps were no more dangerous than comparable SUVs built at the time.
