Minivan Owners v DaimlerChrysler Corporation
DaimlerChrysler 1996-1997 Minivan Owners’ Class Certified in National Airbag Case
The class has been certified in a nationwide action filed against DaimlerChrysler Corporation on behalf of all owners of 1996 and 1997 Chrysler Town & Country's, Chrysler Minivans, Plymouth Voyagers, Plymouth Grand Voyagers, and Dodge Caravans, who allege that the front-passenger airbags in these vehicles deploy with excessive force in low-speed accidents, possibly injuring children or small adult passengers. The action seeks damages in an amount sufficient to allow owners to install safer air bags or, in the alternative, replacement of the defective air bags by DaimlerChrysler.
DaimlerChrysler manufactured over one million 1996 and 1997 model minivans equipped with front passenger seat air bags. The action alleges that the front passenger seat air bags are defective due to their propensity to deploy: (1) with overly aggressive force; and (2) during low-speed collisions. The plaintiffs further assert that DaimlerChrysler failed to warn purchasers that this defect has the potential to kill or seriously injure a child or small adult seated in the front passenger seat. According to the plaintiffs, there are air bags available which deploy with less force and at higher collision speeds—the action alleges that the safer bags are currently used as replacements when an air bag has been deployed.
Following initial discovery and a hearing, the trial court issued a twenty-one page order certifying a class consisting of all entities and adult persons domiciled or residing in any of the fifty states of the United States of America or in the District of Columbia, who purchased and who currently own at least one minivan marketed by the defendant as any of the previously-mentioned models. The vehicle must have been configured at the time of original sale for occupancy by at least five passengers, and must contain a driver-side and/or passenger-side air bag, which is deployed when the system is activated by a sensor during a frontal collision. Excluded from the class are (1) those who have suffered personal injury from air bag deployment, (2) DaimlerCrysler employees and affiliates, (3) judges and judicial personnel, (4) those who have had their air bags deactivated, and (5) those who had the original air bags replaced.
DaimlerChrysler appealed the certification to the Oklahoma Court of Appeal, where it was upheld. From there, the company appealed to the Oklahoma Supreme Court. When that court also upheld the decision, the company appealed to the US Supreme Court, which declined to hear the case. This leaves DaimlerChrysler with no other avenue of appeal.
The litigation has now been remanded to the district court for further proceedings.
