Verdict - Spring 2014 - (Page 33)
feature
BY JEB BUTLER
E
The Fiery and
Predictable
Consequences
of Rear-Mounted
Fuel Tanks
xcepting the fiery consequences, the scene was unremarkable. The Belli
family was driving south on Interstate 85 through Atlanta, Georgia in
their Jeep Cherokee. A wreck had occurred ahead of them and a vehicle
was parked on the side of the road. The Bellis slowed down to avoid hit-
ting the parked car and, when they slowed, another vehicle struck their Cherokee in the
rear. Rearend collisions like this occur every day on American roads. The consequences
need not be - and normally are not - catastrophic.
But for the Belli family, Chrysler's
design decisions changed those consequences. Like all automobile manufacturers, Chrysler recognizes that the vehicles it
makes will be involved in wrecks. Like all
automobile manufacturers, Chrysler has
a choice with regard to where it places the
fuel tank: Chrysler can place a fuel tank
someplace that is protected from impact,
or someplace that is vulnerable to impact.
Tragically, Chrysler chose option number
two in many of its Jeep-branded vehicles.
Specifically, Chrysler placed the fuel tanks
in the Jeep Cherokees (and several other
Jeep models) behind the rear axle and next
to the rear bumper where it was vulnerable to rupturing in rear impacts. As a
consequence, when the Bellis' Jeep was
rearended on Interstate 85, the tank ruptured and the Jeep burst into flames. Mrs.
Belli and her daughter died on the scene,
and Mr. Belli died after eleven days in a
hospital burn unit.
Recognizing the Problem
When lawyers confront a case like
the Bellis,' the most important thing is
the first thing: recognizing the problem.
Although the driver of the vehicle that
struck the Bellis was a proximate cause of
the wreck, he was not the sole proximate
cause of the Bellis' deaths. Had the fuel
tank been in a safe location, there would
have been no fire. Had the Jeep not caught
fire, the Bellis would have sustained comparatively minor injuries. Therefore, the
primary cause of the Bellis' deaths - as
distinct from the relatively minor injuries they would have sustained without
a fire - was not the striking driver, but
Chrysler's decision to leave the fuel tank
vulnerable in rear impact. The law refers
Above is a rear view of a Jeep with a rearmounted fuel tank. The tank has been
painted white in this photograph for ease of
identification.
to this principle as "crashworthiness": in
foreseeable impacts, your car should protect you, not endanger you.1
Although identifying the failure in
an automotive product liability case can
be difficult, it is always worth looking if
injuries are severe. For instance, when a
Spring 2014 33
Table of Contents for the Digital Edition of Verdict - Spring 2014
President’s Message
What’s New at HQ
From Celebration to Coma the Story of Gangs, Violence, and a $35 Million Verdict
2014 Legislative Report
Who Is Driving the Van? a Look at Non-Emergency Medical Transport Accidents
Professional Practice Pointers
Civil Justice Pac Legislative Reception in Photos
Dram Shop Litigation: Think Twice Before Pouring That Next Drink
The Fiery and Predictable Consequences of Rear-Mounted Fuel Tanks
Notes: What’s New With GTLA Members
Book Review
GTLA Out & About in Photos
Case Updates: What’s New?
Workers’ Comp: Recent Developments
Welcome New GTLA Members!
Champion Members
Index to Advertisers/ advertiser.com
Verdict - Spring 2014
https://www.nxtbook.com/naylor/GTLQ/GTLQ0318
https://www.nxtbook.com/naylor/GTLQ/GTLQ0218
https://www.nxtbook.com/naylor/GTLQ/GTLQ0118
https://www.nxtbook.com/naylor/GTLQ/GTLQ0417
https://www.nxtbook.com/naylor/GTLQ/GTLQ0317
https://www.nxtbook.com/naylor/GTLQ/GTLQ0217
https://www.nxtbook.com/naylor/GTLQ/GTLQ0117
https://www.nxtbook.com/naylor/GTLQ/GTLQ0416
https://www.nxtbook.com/naylor/GTLQ/GTLQ0316
https://www.nxtbook.com/naylor/GTLQ/GTLQ0216
https://www.nxtbook.com/naylor/GTLQ/GTLQ0116
https://www.nxtbook.com/naylor/GTLQ/GTLQ0415
https://www.nxtbook.com/naylor/GTLQ/GTLQ0315
https://www.nxtbook.com/naylor/GTLQ/GTLQ0215
https://www.nxtbook.com/naylor/GTLQ/GTLQ0115
https://www.nxtbook.com/naylor/GTLQ/GTLQ0414
https://www.nxtbook.com/naylor/GTLQ/GTLQ0314
https://www.nxtbook.com/naylor/GTLQ/GTLQ0214
https://www.nxtbook.com/naylor/GTLQ/GTLQ0114
https://www.nxtbook.com/naylor/GTLQ/GTLQ0413
https://www.nxtbook.com/naylor/GTLQ/GTLQ0313
https://www.nxtbook.com/naylor/GTLQ/GTLQ0213
https://www.nxtbook.com/nxtbooks/naylor/GTLQ0113
https://www.nxtbook.com/nxtbooks/naylor/GTLQ0412
https://www.nxtbook.com/nxtbooks/naylor/GTLQ0312
https://www.nxtbook.com/nxtbooks/naylor/GTLQ0212
https://www.nxtbook.com/nxtbooks/naylor/GTLQ0112
https://www.nxtbook.com/nxtbooks/naylor/GTLQ0411
https://www.nxtbook.com/nxtbooks/naylor/GTLQ0311
https://www.nxtbook.com/nxtbooks/naylor/GTLQ0211
https://www.nxtbook.com/nxtbooks/naylor/GTLQ0111
https://www.nxtbook.com/nxtbooks/naylor/GTLQ0410
https://www.nxtbookmedia.com