Teens who lost legs in crash sue Isuzu over SUV design
Sue Lindsay And Daniel J. Chacon, Rocky Mountain News
Published October 19, 2007 at midnight
Two Berthoud High School wrestlers who lost their legs when a schoolmate crashed into them while they were changing a flat tire are suing Isuzu, blaming the crash on an alleged design defect that obscured emergency lights.
Tyler Carron and Nikko Landeros, both 18, are seeking unspecified monetary damages for negligence and product liability. They also want an order requiring Isuzu to notify motorists of the alleged defect.
Carron was driving Landeros and three other friends home the night of Jan. 15 when he got a flat.
He stopped in the southbound lane of Larimer County Road 17 and parked as far right as possible but was impeded by a large snowbank, the lawsuit states.
The two boys got out of the sport utility vehicle and opened the back doors to take out a jack and other tools.
Moments later, a Toyota Land Cruiser driven by Michelle Berra hit them from behind, pinning Carron and Landeros between the two vehicles. Both boys lost their legs in the accident.
Berra pleaded guilty to careless driving last month and received a one-year deferred judgment requiring public service and driver education.
The lawsuit, filed in Denver District Court, charges that the 1999 Trooper was "defectively and unreasonably dangerous" because its rear lights, reflectors and rear emergency lights were obscured to approaching traffic when the rear doors were opened.
Attorney Mark Davis said Berra failed to see the Trooper because of its defective design.
Davis also contends that the SUV's design violates Federal Motor Vehicle Safety Standards.
Isuzu disagrees.
"The 1999 Trooper and all Troopers met or exceeded all applicable federal safety standards at the time of manufacture," said Isuzu spokesman Chip Letzgus.
He said the company is not aware of any previous litigation raising the light safety issue.
The key to such cases is showing that the product is unreasonably dangerous, said John Purvis, a Boulder personal injury and product liability attorney.
"A manufacturer can't make an unreasonably dangerous product, something more dangerous than the ordinary person would expect it to be," he said.
"A lot of times an important issue is whether there is a feasible alternative," he said.
The Carron and Landeros families declined to comment Thursday. Their attorney was out of town and could not be reached.
lindsays@RockyMountainNews.com or 303-954-5181
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