SUV Passengers Ejected

When a 2001 Jeep Cherokee Sport driven by Sparks collided with a vehicle on a bridge, the Jeep struck the bridge guardrail and the two rear seat occupants of the Jeep were ejected through the liftgate window. A friend of Sparks, Frances, 67, was a rear seat occupant who drowned after landing in the water below. A retiree, her funeral expenses were about $9,800. Sparks wife, Leah, 67, also a rear seat occupant, sustained numerous blunt force injuries to her head and torso, including facial fractures, a diffuse brain injury, a T-5 fracture, and lung contusions. Leah has residual cognitive deficits and behavioral and personality changes from the brain injury.

Rob Ammons represented Sparks and his wife Leah, as well as Frances' surviving spouse, Johnson and his wife's estate and sued DamilerChrysler, the car manufacturer. Plaintiffs alleged that the Jeep Cherokee's seating system was defective in that its seats were not strong enough to withstand the impact of the collision. Plaintiffs offered evidence that the seats had collapsed on impact, creating a ramp that propelled the passengers rearward. Additionally, Plaintiffs alleged that the manufacturer of the Jeep should not have used tempered glass in the liftgate and side-passenger windows. The tempered glass broke on impact, creating a portal for the passengers' ejection. Further, Plaintiffs claimed that they had not been warned about the foreseeable risk of failure of the car's seats or its glazing system and that the manufacturer had not adequately tested the vehicle. Plaintiffs also sued the other driver for negligence.

Sparks v. DaimlerChrysler, Tex., Calhoun County Ct. at Law No. 1, No. 04-CV-76.

Attorney Rob Ammons obtained a mediated confidential settlement for his clients.