Arizona Supreme Court: Jeep can be sued over girl’s death

Mar 1, 2022, 4:29 PM | Updated: 8:44 pm

PHOENIX (AP) — The family of a little girl who was killed when her mother’s car was rear-ended by a Jeep on a Phoenix freeway can sue the SUV’s manufacturer for wrongful death because it did not install automatic emergency braking devices that were available as optional equipment, the Arizona Supreme Court ruled Tuesday.

The court rejected arguments from lawyers for Jeep parent company Fiat Chrysler Automobiles US that the National Highway Transportation Safety Administration’s decision not to require the devices pre-empted the state lawsuit.

The decision written by Justice Bill Montgomery also overturned a similar 2019 decision that said automakers were immune to such lawsuits because of the federal agency’s decision not to require the technology.

The crash on Aug. 15, 2015, killed 4-year-old Vivian Varela, who was riding in the back seat of her mother’s Lexus sedan. Melissa Varela was preparing to take an exit from the Loop 101 freeway in north Phoenix when traffic stopped because an emergency vehicle was blocking the off-ramp, according to one of her lawyers, Brent Ghelfi.

A nurse who had just ended her shift at a nearby hospital was also intending to take the exit but did not notice stopped traffic until it was too late. Her Jeep Grand Cherokee slammed into the back of the Lexus, killing Vivian and injuring her mother.

Vivian was the only child of Melissa and her husband, Mitchell, who lived in metro Phoenix at the time but now live in Franklin, Wisconsin.

Ghelfi said the 2014 Jeep could have been equipped with Fiat Chrysler’s version of automatic emergency braking but it was only included as an option with a package upgrade that added $10,000 to its price.

“What Chrysler did was they had a safety system that the Insurance Institute of America has studied that says it will prevent 60% of rear end collisions,” Ghelfi said. “It’s a massive game changer in terms of automobile collisions.”

He said automakers have been incredibly slow to adopt the crash-prevention technology while noting how automakers have adopted airbags and other safety features to protect occupants. The item costs automakers about $100.

“And the real tragedy here is they option it,” Ghelfi said. “They take a safety feature and they bundle it together with moonroof and leather seats and non-safety features. So you can only get the safety feature if you buy the upgraded trim level.”

In a statement, Fiat Chrysler Automobiles extended their sympathies to the Varela family “for their loss and other injuries stemming from this horrific, high-speed collision caused by an inattentive driver.”

“While we disagree with the Arizona Supreme Court’s ruling on the preemption defense, we look forward to presenting our other defenses to the trial court,” the statement said.

The company noted that the Jeep Grand Cherokee involved complied with all applicable federal safety standards and said that while automatic emergency braking, known as AEB, is a promising new technology, it can’t prevent all crashes.

“Lawsuits attempting to impose an autonomous feature on all vehicles can inadvertently stymie the development of better versions as technology matures,” the company said.

Federal regulators have not mandated the equipment. The Supreme Court’s decision noted that the federal safety agency opted to forego imposing a mandate for several reasons, including that it wanted to spur innovation and because automakers were adopting the technology on their own

“To the extent the administrative record reflects a federal policy about AEB technology, it is that the Agency encourages AEB innovation and desires it be deployed more broadly and sooner rather than later,” Montgomery wrote.

The case now goes back to a trial court, unless Fiat Chrysler files an appeal with the U.S. Supreme Court. Expert witnesses have been retained and depositions takes, so a trial could happen quickly.

Ghelfi, the Varela’s lawyer, called automakers’ failure to universally adopt automatic emergency braking “a nationally important and fundamental issue.”

He said modeling done by experts determined that if Chrysler’s version of emergency braking had been installed on the Jeep, Vivian would not have died.

“It would have automatically braked that car, and this accident would have been a clean miss,” Ghelfi said. “At worst it would have been a fender bender, and most likely it would have been a clean miss.”

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


FILE - Argentina's Economy Minister Martin Guzman walks outside of the International Monetary Fund,...
Associated Press

Argentine economy minister resigns amid peso, diesel woes

BUENOS AIRES, Argentina (AP) — Economy Minister Martin Guzman submitted his resignation Saturday, acting at the end of a week in which Argentina’s currency hit an all-time low against the dollar and truck drivers staged protests over shortages of diesel fuel. Guzman announced on Twitter that he had sent a multi-page resignation letter to President […]
16 hours ago
FILE - Taylor Swift appears at a premiere for her short film "All Too Well: The Short Film" in New ...
Associated Press

Man found at Taylor Swift properties faces stalking charges

NEW YORK (AP) — A 35-year-old New York man is facing trespassing and stalking charges after authorities said he entered two New York City residences linked to the famed singer-songwriter Taylor Swift. Police say the suspect, who was arrested Friday, entered one of the residential buildings, located in the city’s Tribeca neighborhood, on March 26. […]
16 hours ago
FILE - A plane drops retardant on a wildfire near homes Thursday, Feb. 10, 2022, in Laguna Beach, C...
Associated Press

US testing new fire retardant, critics push other methods

BOISE, Idaho (AP) — U.S. officials are testing a new wildfire retardant after two decades of buying millions of gallons annually from one supplier, but watchdogs say the expensive strategy is overly fixated on aerial attacks at the expense of hiring more fire-line digging ground crews. The Forest Service used more than 50 million gallons […]
16 hours ago
In this photo provided by Burning Spear Media, LLC, a damaged Pan-African flag flies outside the he...
Associated Press

Flamethrower used to torch Pan-African flag flying on pole

ST. PETERSBURG, Fla. (AP) — A person using a flamethrower set fire Saturday to a Pan-African flag flying on a pole outside the headquarters of the Uhuru Movement, a Black international socialist group based in Florida. Security video released by the group shows the driver of a white Honda sedan pulling up outside the group’s […]
16 hours ago
Associated Press

First Black woman named as Connecticut’s top public defender

HARTFORD, Conn. (AP) — The first Black woman has been appointed as Connecticut’s chief public defender. TaShun Bowden-Lewis, who officially began her job on Friday overseeing the Division of Public Defender Services, said she hopes to provide minority clients with a greater sense of trust in the state’s criminal justice system. “I do want our […]
16 hours ago
A customer leaves after he bought Superstar Ravi sneakers at the Adidas showroom in Dubai, United A...
Associated Press

Popular Pakistani restaurant stands test of time in Dubai

DUBAI, United Arab Emirates (AP) — In a city boasting champagne brunches with views of the sea, Michelin star restaurants, and endless high-end Asian food options, a small hole-in-the-wall restaurant with plastic chairs and metal tables is one of Dubai’s go-to spots. Ravi restaurant, a small, family-owned Pakistani place, is rooted in the community of […]
16 hours ago

Sponsored Articles

Dr. Richard Carmona

Great news: Children under 5 can now get COVID-19 vaccine

After more than two years of battle with an invisible killer, we can now vaccinate the youngest among us against COVID-19. This is great news.

Best retirement savings rates hit 4.30%

Maximize your retirement savings with guaranteed fixed rates up to 4.30%. Did you know there is a financial product that can give you great interest rates as you build your retirement savings and provide you with a paycheck for life once you retire? It might sound too good to be true but it is not; this product is called an annuity.
Carla Berg, MHS, Deputy Director, Public Health Services, Arizona Department of Health Services

ADHS mobile program brings COVID-19 vaccines and boosters to Arizonans

The Arizona Department of Health Services and partner agencies are providing even more widespread availability by making COVID-19 vaccines available in neighborhoods through trusted community partners.
Arizona Supreme Court: Jeep can be sued over girl’s death