Lawsuit Against DaimlerChrysler and Michelin Is First
U.S. Case Involving 15-Passenger Vans to Go to Trial

WICHITA FALLS, Texas, Aug. 21, 2002/PRNewswire/ -- This press release was issued by the Corpus Christi, Texas, law firm of Perry & Haas, L.L.P.

A lawsuit involving the fatal rollover crash of a 15-passenger church van in Wichita County will be the first case of its kind to go to court when the jury trial convenes here in the 78th District Court on October 21st. The lawsuit names DaimlerChrysler Corporation, et al, and the manufacturers and sellers of Michelin tires as Defendants in connection with the deaths of four persons and the serious, permanent injury of eight others as a result of the May 8, 2001, crash of a van carrying members of the First Assembly of God Church, of Burkburnett, Texas.

A growing number of rollover deaths related to these vehicles has prompted concern among federal regulators and safety activists, along with a number of lawsuits that have settled out of court.

"The government has issued two unusual consumer alerts warning that drivers need special skills to operate these 15-passenger vans, however, no special license is required to drive them," said David Perry, of the Corpus Christi law firm of Perry & Haas, L.L.P., which represents the families of two of the women killed in the crash, as well as two of the women who were injured and their families. "They are the type of vans that often are used to transport church and senior citizen groups, college athletic teams, the mentally retarded, and men and women in the armed services. In fact, DaimlerChrysler actually markets them as 'church buses.' They are not safe and should be recalled."

On May 8, 2001, 12 women from the First Assembly of God Church who were en route to the outlet malls at Gainesville, Texas, were traveling in a 1993 Dodge Ram 3500 15-passenger van owned by the church. While heading east on U.S. Highway 287 near Wichita Falls, one of the Michelin brand radial-ply tires on the vehicle detreaded, causing it to become unstable and to veer out of control into the median, rolling over several times before coming to rest in the center median. Four women died as a result of the crash -- the driver, Dorothy J. Griffin, and passengers Virginia Bean, Asline Hinostrosa and Joan Oliver. Eight other passengers were severely and permanently injured.

The Michelin tires that were original equipment on the van were made by Michelin North America (Canada), Inc., which is named as a Defendant in the case, along with Michelin North America, Inc. and Michelin Americas Research & Development Corp. (MARC). District Judge Roy T. Sparkman is expected to hand down a decision in September on whether Michelin's French parent company, Compagnie Generale Des Establissements Michelin, can be included in the lawsuit.

"There are two general issues in this case," said Rene Haas, of Perry & Haas, L.L.P. "First, the Michelin tire was defective -- there is physical evidence that the tire was not properly vulcanized, causing it to detread when over-heated. Second, the 15-passenger van that was designed, manufactured and sold by DaimlerChrysler, formerly Chrysler Corporation, has a high center of gravity, especially when fully loaded. The combination of the two conditions caused this crash and the deaths and horrific injuries of the passengers."

The May 8 crash happened just weeks after the National Highway Traffic Safety Association (NHTSA) issued its second consumer advisory warning that 15-passenger vans are unstable and require special handling. Last year, NHTSA examined accident data in seven states from 1994 through 1997 and concluded that the vans become less stable as their passenger count increases. In April, the agency issued a report stating that a van with 10 or more occupants is nearly three times as likely to roll over as a van with nine or fewer occupants. That is when NHTSA issued its rare consumer advisory: "NHTSA's analysis revealed that loading the 15-passenger van causes the center of gravity to shift rearward and upward, increasing the likelihood of rollover. The shift in the center of gravity will also increase the potential for loss of control in panic maneuvers." NHTSA has launched an investigation into the vans' propensity to roll over and is studying whether to require all new 15-passenger vans to carry a label encouraging seat belt use and warning about rollover risk, a move that consumer advocates call inadequate and an attempt by auto manufacturers to shield themselves from liability.

According to NHTSA, there are about 1.4 million 15-passenger vans registered in the United States. Any driver carrying 16 or more people for commercial purposes is required to have a commercial driver's license, however, no special license or experience is required for the 15-passenger vans. Nationally, 558 people have been killed in 388 rollovers of 15-passenger vans manufactured by DaimlerChrysler, Ford and General Motors between 1990 and 2000.

Federal law bans the purchase of the vans for schools carrying youth under the age of 18, but there is no such ban for colleges. U.S. Representative Mark Udall (D-Colorado) has introduced legislation in the Congress to bar schools, including colleges, from purchasing new or used 15-passenger vans.

The lawsuit filed in the case of the May 8 Wichita Falls crash alleges that DaimlerChrysler had actual knowledge that its 15-passenger van was unusually susceptible to loss of control and an increased rollover risk under emergency circumstances. It charges, further, that DaimlerChrysler also was aware of the foreseeable dangers of tire failures on the van, yet failed to give adequate and proper warnings and instructions to the owners and operators about any of the risks. The suit alleges that the Michelin tires were not properly vulcanized and that their design did not include proper mechanisms for controlling the danger of tire detreading, and that Michelin failed to provide either Chrysler or the ultimate user of the tire adequate and proper warnings and instructions regarding these dangers.

The suit seeks damages under the Texas Wrongful Death Act for the passengers in the crash who were killed. For the surviving victims and their families, the lawsuit seeks compensation for medical expenses, loss of past and future earning capacity, compensation for physical impairment, pain, mental anguish and other extenuating losses.

CONTACT: Teresa Kelly (512) 328-4276, or Mike Kelly (512) 327-6788