EXCERPT:
The injuries and damages were not caused by the defendants, the lawyer stated. They were "not due to any acts and/or omissions on the part" of the defendants, White wrote.
It was the result of an "unavoidable accident, events and/or occurrences beyond the control of the defendants," he wrote. White added that the accident was caused by an "unforeseeable malfunction of the vehicle being operated by Roger Hartwell."
Billerica auto auction faces wrongful-death suit
By Rick Sobey
11/11/2017
BILLERICA -- Lynnway Auto Auction failed to install barriers after being cited for safety hazards in 2014, resulting in the facility "needlessly endangering visitors" on May 3 when a car plowed through the crowd and killed five people, reads the first wrongful-death lawsuit against the company.
One of the victims was 55-year-old Ruben Espaillat, of Methuen. His son, with the same name, is the plaintiff in the lawsuit -- which was filed in Middlesex Superior Court over the summer.
The Sun learned about it Thursday after the U.S. Department of Labor's Occupational Safety and Health Administration cited Lynnway for electrical and safety hazards in connection with the May accident, leading to more than $267,000 in proposed penalties.
Two of the citations were for repeat violations, which carry penalties of $69,713 each.
The wrongful-death lawsuit doesn't have a dollar figure attached to it. Michael Conley, of Kenney & Conley, P.C. in Braintree, wrote in the lawsuit that the plaintiff is seeking "fair" compensatory damages, as well as an amount that "fairly compensates his children for the loss of their father, punitive damages in an amount sufficient to punish this defendant's misconduct and deter others from engaging in such misconduct."
Espaillat, who bought and sold cars occasionally, was a father of three and ran Ruben Cleaning Services in Methuen.
******
The defendants include: Lynnway, company President Jim Lamb, Director George Russo and Roger Hartwell, who drove the Jeep that struck numerous people at the eight-lane auction facility off Rangeway Road.
Conley declined to comment on Friday.
On May 3, OSHA inspected the facility after people were struck by an SUV and five died as a result of their injuries. The agency recently issued 16 citations to the company for motor-vehicle hazards, blocked exit routes, violations of the hazard communication standard and record-keeping deficiencies.
The company was cited in 2014 for exposing employees to crushing hazards from vehicles. Three years later on May 3, Lynnway was again cited for this violation.
Conley wrote in the wrongful-death lawsuit: "The facility was negligently designed and configured and needlessly endangered visitors in that it provided no barriers or like devices to physically separate and protect visitors from automobile traffic within the facility."
He emphasized that Lynnway officials had been advised by OSHA to install barriers or other safety devices.
"Nonetheless, by May 2017, the defendants had taken no action to provide such essential safety devices," Conley stated in the lawsuit.
He wrote that Lynnway failed to properly investigate and train its drivers, including Hartwell, who did not have a valid license at the time. His license was suspended in 2012 for several violations; he never had it reinstated, and it expired in 2014. He had also been involved in seven crashes since 1985. Lamb has said the company was "unaware of the change in status of the driver's license until the police told (them) after the accident."
In the lawsuit, Conley stated that Hartwell "negligently" operated the Jeep, losing control of it and striking numerous visitors, including Espaillat.
The defendants' "negligence, gross negligence and/or reckless conduct" resulted in the wrongful death of Espaillat, Conley wrote.
Lawyers have predicted a tsunami of lawsuits against Lynnway. In addition to Espaillat, the crash claimed the lives of Leezandra Aponte, 36, of Lowell; Brenda Lopez, 48, and Pantaleon Santos, 49, both of Rhode Island; and Elliott Rowlands Jr., 50, of Buzzards Bay.
Lawyers say it's difficult to estimate the dollar figure these families may seek in p lawsuits.
These personal-injury cases include both compensatory damages and punitive damages. The compensatory damages deal with injuries -- those include out-of-pocket medical expenses, hospital stay, medication, lost wages, vacation time, pain-and-suffering damages, insomnia, anxiety and angst. The punitive damages are meant to punish defendants for their wrongdoing.
"Lynnway will not have any comment on litigation matters," a spokesperson for the company said in a statement on Friday.
Defense lawyer David White, of Davis & White, LLC in North Andover, wrote that Lynnway denies the allegations, according to a document submitted to Middlesex Superior Court in September. White is representing Lynnway, Lamb, Russo and BLR, LLC, which owns and shares control of the auction facility.
The injuries and damages were not caused by the defendants, the lawyer stated. They were "not due to any acts and/or omissions on the part" of the defendants, White wrote.
It was the result of an "unavoidable accident, events and/or occurrences beyond the control of the defendants," he wrote. White added that the accident was caused by an "unforeseeable malfunction of the vehicle being operated by Roger Hartwell."
The facility was compliant with all applicable building codes, rules, regulations and industry standards, White argued, and there were "reasonable safety measures in place at the premises."
In the wake of the OSHA report last week, Lamb said the company has "taken a number of measures to ensure a safe environment for our customers and employees" since the tragedy. The majority of the OSHA citations have either been resolved or are in the process of being corrected, according to Lamb.
"Over the past six months, we have made significant investment in additional safety measures at the auction site such as installing permanent, fixed bollards to provide a barrier to a potential future vehicle malfunction," Lamb said in a statement.
Companies have 15 business days from receipt of their citations and penalties to comply. They can also meet with OSHA to see if the case can be resolved at the area office level.
Authorities continue to investigate the crash. Police do not believe the act was intentional, and they're looking at whether mechanical failure or human error was at fault.
Wrongful-death lawsuits drag on for years. This case is currently in the discovery process; the deadline for that is July 2019.
The case must be resolved by July 2020.
(with 0:24 sec video segment)
1999 – 2010 JEEP GRAND CHEROKEE Vehicle Speed Control Problems (U.S. NHTSA complaints as of: 11 Nov 2017)
Vehicle Speed Control Problem on the 2010 JEEP GRAND CHEROKEE
[6]http://www.arfc.org/complaints/2010/jeep/grand_cherokee/vehicle_speed_control/problem.aspx
Vehicle Speed Control Problem on the 2009 JEEP GRAND CHEROKEE
[9]
Vehicle Speed Control Problem on the 2008 JEEP GRAND CHEROKEE
[23]
Vehicle Speed Control Problem on the 2007 JEEP GRAND CHEROKEE
[53}
Vehicle Speed Control Problem on the 2006 JEEP GRAND CHEROKEE
[47]http://www.arfc.org/complaints/2006/jeep/grand_cherokee/vehicle_speed_control/problem.aspx
Vehicle Speed Control Problem on the 2005 JEEP GRAND CHEROKEE
[78]http://www.arfc.org/complaints/2005/jeep/grand_cherokee/vehicle_speed_control/problem.aspx
Vehicle Speed Control Problem on the 2004 JEEP GRAND CHEROKEE
[72]
Vehicle Speed Control Problem on the 2003 JEEP GRAND CHEROKEE
[29]
Vehicle Speed Control Problem on the 2002 JEEP GRAND CHEROKEE
http://www.arfc.org/complaints/2002/jeep/grand_cherokee/vehicle_speed_control/problem.aspx
Vehicle Speed Control Problem on the 2001 JEEP GRAND CHEROKEE
[34]
http://www.arfc.org/complaints/2001/jeep/grand_cherokee/vehicle_speed_control/problem.aspx
Vehicle Speed Control Problem on the 2000 JEEP GRAND CHEROKEE
[52]
Vehicle Speed Control Problem on the 1999 JEEP GRAND CHEROKEE
[61]
TOTAL [499]
The National Car Wash Association maintains
“a list” of vehicles noted prone to SUA events.]
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UPDATE: No charges in runaway SUV case
POSTED 6:46 PM, JULY 10, 2014
BY WAYNE COVIL
(with 2:20 min video segment) (Ford SUV)
--------------
(excerpts):
Witnesses told police that a car wash employee went to move the SUV
forward, when the vehicle suddenly accelerated.
The employee was able to miss two parked cars before trying to slam on
the brakes to no success.
After crossing Dupuy Avenue, the SUV hit the curb, knocking the driver
out of the seat and onto the ground.
Sheriff Todd Wilson said the SUV never slowed down and continued
almost the length of a football field before slamming into the large green
power box on the north side of the courthouse.
The employee was slightly injured and required medical attention at the
hospital.
Bob Schrum, the owner of Flagstop Car Wash, said his employees are
provided a list of cars, trucks and SUVs that have been proven prone to
unintentional acceleration. In fact, he said the instances have been well
documented by the National Car Wash Association.
Schrum said about a month ago that all 120 of his employees took part in a
safety seminar provided by his insurance company, which touched on
sudden unintentional acceleration.
© 2016, WTVR • A TRIBUNE BROADCASTING STATION
===========================================
2007 JEEP GRAND CHEROKEE OWNER COMMENTS
#1 Grand Cherokee V6
Automatic transmission 70,000 miles
Mar 28 2015
sudden acceleration car lunged & down embankment
Report date April 1, 2015
Margaret Stuart
2007 Grand Cherokee Jeep
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sudden acceleration car lunged & down embankment Report date April 1, 2015 Margaret Stuart 2007 Grand Cherokee Jeep
In January 2007, I purchased a new 2007 Grand Cherokee Jeep, Vin #1J8GR48K77C565297. On March 18, 2015, while in my garage, I put the Jeep in reverse. It suddenly accelerated/screeched on it's own. It flew out of my garage almost hitting trees in the yard. I was able to stop the Jeep by braking. I told husband about this incident. We decided we would take the Jeep in for a checkup soon to see why this had happened. I have always been a Jeep owner, owned many, and take good care of my vehicles, This Jeep, although a 2007, is in pristine condition and was always checked periodically.
On March 28, 2015, after driving from the CA mountains to AZ just turned 70,000 miles on trip. About 5 pm, I was at my son Ryan Stuart's home. I backed jeep into his driveway to release trailor and its goods I was transferring to him. Turned engine off stayed for about 10 minutes and then left. I turned ignition on and put into drive never touched gas pedal. The Jeep quickly accelerated/screeched forward, out the driveway, across the street, and toward the neighbor's home. I was shocked and totally caught off guard. I immediately steered the Jeep as quickly as I could away from the house and 2 cars in the driveway. The jeep keep accelerating down an embankment towards the next home. My Jeep flipped over doing a 360 degree and landed on the passenger side. I was up in the air as seat belt held me down. My son, Ryan Stuart, witnessed this whole incident and ran to my aid as did other neighbors. The seat belt on my chest was causing me trouble breathing. Ryan tried to alleviate my pain by pulling it away from chest.
I do not remember police, fire fighters, or an ambulance taking me to the hospital. When I woke up, my husband William Stuart and son Ryan Stuart were with me at hospital. Within one hour of my jeep turning 70,000 miles I was in the ER and my jeep upside down totalled.
The ER Dr. said I had a concussion. No neuro doctors were on duty that night at the hospital. I was advised I could be taken to a Las Vegas hospital by ambulance to see Neuro doctor or go home with my husband if he checked my eyes every hour. I elected to go home even though my whole body and head hurt. I had follow-up care with my own physician. My whole body still hurts, especially my head, neck, and back. Saw Neuro doctor 3 weeks after crash and said post concussion syndrome with PTSD. My problems were mainly with thinking, memory, speech. I decided to get proper care at Boulder Neurological Center in Boulder, CO where I use to live and work. As of this writing, I am also extremely upset thinking how close I came to being killed in this accident. I tried to get help from the legal community no one wanted to touch as I was told by Phoenix attorney firm "if I had been impaired for rest of my life his firm would have taken case." I have read other horrible incidents involving "SUDDEN ACCELERATION" in Grand Cherokee Jeep and people have died. I can tell you emphatically that there was no driver error. I reported this to NHTSA as well as Consumer Affairs so someone will do something before there is an entire family dead due to sudden acceleration. It is real and I have worked for Federal Courts for over 20 years and can tell you emphatically "NO driver error"!!
Margaret Stuart
Copyright © 2000—2017
"Autobeef", "What's Wrong With YOUR Car?" & "The Truth About Cars" are trademarks of Autobeef LLC, All rights reserved.
---------------------------------------------------------------
Update from Aug 6, 2015
The airbags did not deploy even after going down embankment and flipping over doing 360 and landing on passenger side of jeep.
Update from Jan 23, 2017
Air Bags never deployed during the car crash on March 28, 2015. Jeep went down embankment and flipped over 360 degrees. Did not remember if entered this information in my complaint due to brain injury. Margaret Stuart
- Maggie S., Lake Havasu City, AZ, US
Copyright © 2000—2017
"Autobeef", "What's Wrong With YOUR Car?" & "The Truth About Cars" are trademarks of Autobeef LLC, All rights reserved.
----------------------------------------------------------------
2007 JEEP GRAND CHEROKEE Vehicle Speed Control Problems (as of: 1 Jul 2017)
----------------------------------------------------------------
2007 Jeep Grand Cherokee Recalls
----------------------------------------------------------------
2007 Jeep Grand Cherokee Technical Service Bulletins
----------------------------------------------------------------
Video: Car-wash chain won't clean older
Jeep Cherokee models over sudden
acceleration fears
BY MICHAEL ROBERTS
WEDNESDAY, MARCH 6, 2013 AT 6:02 A.M.
http://www.westword.com/news/video-car-wash-chain-wont-clean-older-jeep-cherokee-models-over-sudden-acceleration-fears-5905829
(2010 or before Cherokee/Grand Cherokee)
--------------
(excerpts):
This is not a new issue. Way back in 2006, the International Carwash
Association issued an advisory on Jeep Cherokee models based on sudden-
acceleration reports. The document doesn't recommend banning such vehicles,
but it does list five procedures to be employed when they're being cleaned for
safety reasons:
1. Handle Jeep Cherokees and Jeep Grand Cherokees with extreme caution
2. Allow only specially trained car wash employees to handle these vehicles
3. Notify all car wash employees when one of these vehicles is on the property
4. Move the vehicle using both feet - left foot on the brake and right foot on
the accelerator
5. Instruct employees and customers to never walk in front of one of these
vehicles
