Chrysler Denounces Texas $64 Million Verdict
30 September 1998
Chrysler Denounces Texas Verdict; Vows Aggressive Appeal AUBURN HILLS, Mich., Sept. 30 -- Chrysler Corporation
today denounced a Starr County, Texas jury's decision to hit the
automaker with $64 million in damages in a lawsuit stemming from a tragic 1996
accident. Noting that the owners of the 20-year-old Dodge pickup truck
involved in the accident had "dangerously altered" the vehicle, Chrysler
attorney Ken Gluckman called the verdict "a complete abdication of personal
responsibility."
Chrysler vowed an aggressive appeal to overturn the verdict.
In June, 1996, while traveling at 74 miles per hour -- almost 20 mph over
the speed limit -- Sergio Rodriguez slammed into the old Dodge Ram pickup
driven by Christopher and Donna Kiefer. The crash was so violent that it tore
off the left wheel, causing the Dodge pickup to flip over at least 3-1/2 times
and land upside down. The pickup caught fire, resulting in the deaths of Mr.
and Mrs. Kiefer. At the time of the accident, the open bed of the pickup was
carrying at least 40 gallons of gasoline stored in worn out World War
II-vintage containers.
"This tragedy was caused by a negligent driver and a series of extremely
dangerous alterations to the pickup by Mr. Kiefer and previous owners of the
pickup," said Gluckman. "The owner had taken a hammer to the fuel system,
replaced the original gas cap with a 40-year-old model that didn't fit, and
was driving around with at least 40 gallons of gas in worn out World War
II-vintage containers.
"The jury appears to have completely ignored those facts."
In reaching its verdict, the jury held Chrysler 80 percent responsible for
the accident and Rodriguez 20 percent responsible, while the owner of the
pickup -- who had made the modifications -- was found to bear no
responsibility.
"We certainly can't lose sight of the fact that two people died a horrible
death in this accident, but to compound that tragic loss with an outrageous
miscarriage of justice makes no sense," Gluckman said.
"Every single defect claimed by the plaintiff is to a part of the pickup
that was tampered with by Mr. Kiefer or a prior owner. The message the jury
sent is that you can take a hammer to your fuel system, turn your vehicle into
a moving firetrap, and still not be held accountable for your irresponsible
actions."
According to Gluckman, the homemade alterations which made the vehicle
"highly dangerous to operate," included:
* The installation of a replacement fuel cap that simply did not fit the
fuel filler pipe of the pickup and, according to the plaintiffs' own expert,
was from a different vehicle, an old passenger car;
* The hammering to the point of destruction of the fuel filler pipe to
widen the opening. Even if the original cap had been in place, gasoline still
would have leaked out of the hammered-out pipe;
* The creation of additional ignition sources, including a second
after-market battery that was not secured in the engine compartment, and wires
to trailer lights which had no fuse. Either of these homemade alterations
could have created sparking which may have caused the fire following the
rollover.
Attorneys for the plaintiffs alleged that the fuel tank and fuel system in
the Dodge pickup was defective. However, two of the plaintiffs' own experts
admitted -- and Chrysler agreed -- that there was no evidence that the fuel
tank was punctured during the accident.
"Chrysler was not responsible for the accident, nor for the series of
unprofessional, homemade modifications which made the pickup extremely
dangerous to operate," Gluckman said. "This decision represents the complete
abdication of personal responsibility. Unless people are held responsible for
their actions, our courts will continue to be a lottery, not a system of
justice."
