Lieff Cabraser Heimann & Bernstein, LLP

Louisiana Appellate Court Upholds Finding That Defect In Chrysler Jeep Grand Cherokee Killed Infant

$5 Million Verdict Affirmed For Pregnant Mother Struck By Jeep Grand Cherokee With Park-To-Reverse Defect

New Orleans, LA – Scott P. Nealey, Bruce S. Kingsdorf, Dawn Barrios, and Van Robichaux, counsel for Juli and August Guillot, announce today that the Fourth Circuit Court of Appeal for the State of Louisiana has affirmed the judgment of a St. Bernard Parish district court jury which found Chrysler liable for the death of infant Collin Guillot and severe injuries to his parents, Juli and August Guillot, and their daughter.

"We suffered the worst loss any parent can experience," stated Mr. and Mrs. Guillot. "When we learned that Chrysler knew for years that its vehicles had a defective transmission, we were outraged and determined to hold the corporation accountable.  We are gratified that the jury’s well-considered verdict was upheld.  Hopefully, this will help prevent other parents from having to endure what we have."

"The evidence showed that Collin Guillot died because Chrysler ignored a known defect in its vehicle. It denied hundreds of complaints before the Guillot’s tragedy occurred, jeopardizing the safety of its customers," commented attorney Scott P. Nealey of Lieff Cabraser Heimann & Bernstein, LLP. "Had Chrysler dealt with the defect many years ago when customers first complained about park-to-reverse problems, Collin would be alive today. That Chrysler had over 200 complaints of park-to-reverse incidents on Grand Cherokees before this tragic accident, and did nothing to fix the vehicles is inexcusable."

Plaintiffs’ co-counsel Bruce S. Kingsdorf of Barrios, Kingsdorf & Casteix, LLP, stated, "The devastation suffered by this family was horrific, and stood out even in a parish which was virtually destroyed by Hurricane Katrina. We  thank the appellate court, trial judge and jury for setting this family free from the guilt and consequences of this horrible accident."

"We are grateful to the jurors and judges who had the wisdom to hold Chrysler accountable for their careless behavior," added Van Robichaux of the Robichaux Law Firm.

“There have been hundreds of accidents, including many where people died or suffered debilitating physical injuries when their vehicle suddenly moved from park into reverse,” commented Mr. Nealey. “Auto manufacturers must accept legal responsibility for these injuries and recall the vehicles, instead of seeking to blame the driver for the accident and denying their vehicle is defective.”

Background on the Litigation and Fatal Accident

On April 8, 2008, a Louisiana state court jury in St. Bernard Parish found DaimlerChrysler Corporation liable for the death of the Guillot’s child, Collin Guillot, and injuries to Juli, August, and their then-3-year-old daughter Madison. The jury returned a unanimous verdict of $5,080,000 in compensatory damages. With pre-judgment interest, the verdict is over $7,500,000. The jury found that a defect in the Jeep Grand Cherokee’s transmission, called a park-to-reverse defect, played a substantial factor in Collin Guillot’s death and the severe injuries suffered by Mr. and Mrs. Guillot and their daughter.

On May 21, 1999, Mr. and Mrs. Guillot and Madison got into the family vehicle, a Jeep Grand Cherokee, to drive them to the hospital for the delivery of the couple’s second child. The Guillots were in the front seat when Mrs. Guillot exited the SUV to assist her young daughter in the back seat. Moments later, Mr. Guillot got out of the vehicle to retrieve his cell phone in the back of the SUV.

Several seconds after he exited the SUV, and while he was next to the rear wheel, it moved in powered reverse. Ms. Guillot was pinned between the open rear door of the SUV and a brick carport column and severely injured. In a horrific and tragic injury, the force of the impact ruptured her uterus, and forced Collin into her abdominal cavity. Collin was delivered by emergency cesarean section but suffered extensive brain damage for lack of blood and oxygen caused by the crushing injury. He died 17 days later in his parents’ arms after being taken from life support.

Mr. Guillot initially believed that he left the Jeep Grand Cherokee in reverse prior to exiting it because he was unable to think of an alternative explanation. He was investigated for criminal negligence by the local sheriff’s office. At the time that Mr. Guillot was racked with guilt and grieving the loss of his son, Chrysler was aware of the incident and sent an investigator to gather information. Chrysler never informed the Guillots or law enforcement authorities that the vehicle had a defect in its transmission that could have caused the tragic accident.

Only when a Los Angeles Times reporter contacted the Guillots more than two years after the accident did they learn of the park-to-reverse defect in the transmission and realized they were not responsible for the death of their son.

Click here to read a copy of the appellate court’s decision.

Source | Contact

Scott P. Nealey
Lieff Cabraser Heimann & Bernstein, LLP
415-956-1000
snealey@lchb.com

Bruce S. Kingsdorf
Barrios, Kingsdorf & Casteix, LLP
504-524-3300
kingsdorf@bkc-law.com

Van Robichaux
Robichaux Law Firm
504-975-3891
van@robichauxlaw.com