The court rejected arguments from lawyers for Jeep's parent company that the National Highway Transportation Safety Administration’s decision not to require the devices pre-empted the state lawsuit. A child died in the crash.
This undated photo provided by Melissa Varela shows her, her husband Mitchell Varela and their daughter Vivian, who was killed in a 2015 car accident. PHOENIX — 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 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.
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. “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.”
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. “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.
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