Updates with response from FCA US

A Santa Clarita law firm is part of a complaint seeking “an easy fix” to millions of Jeep SUVs that could have saved dozens of lives, KHTS AM-1220 learned Tuesday.

The suit against FCA US, which owns Jeep, claims the carmaker’s failure to adequately address a design flaw prompted the deaths of Cesar Almanza Garcia and Cesar Almanza Urquiza in a fiery crash.

Garcia was driving a 2002 Jeep Liberty when it was struck from behind December 4, 2016, north of the Grapevine on Interstate 5. Garcia was heading from Oxnard to Oregon with his wife and two daughters, who were badly burned, and a 3-year-old son, who also died in the crash.

“Unfortunately, it’s a sad situation,” said Rick Patterson, one of the attorneys representing the plaintiffs, regarding the family. Garcia’s widow, Nancy Urquiza Avila, is being represented by Owen, Patterson & Owen, along with Lieff, Cabraser, Heimann & Bernstein, LLP, a San Francisco firm.

“It’s a terrible safety issue,” Patterson said, “and it’s a threat to everyone with one of these Jeeps.”

A representative with FCA US issued the following statement in response to the lawsuit:

“FCA US wishes to express its sympathies to the family and friends affected by this tragic crash.  The 1993-1998 Jeep Grand Cherokee and 2002-2007 Jeep Liberty meet or exceeds all applicable federal safety standards, including the FMVSS 301 fuel tank integrity standard, and have excellent safety records.  A thorough analysis of rear impact crash data indicates that these vehicles are no more likely to experience fire as a result of a rear impact than peer vehicles.”

Patterson and Fabrice Vincent, of Lieff, Cabraser, Heimann & Bernstein, LLP, said one of their concerns is that the trailer hitch fix Jeep made to address the concern of the placement of its gas tank in the rear of the vehicle.

The U.S. Department of Transportation reports over 75 deaths, 58 injuries, and 90 incidents to-date are attributed to the Jeep fuel tank defect, according to the attorneys.

“The trailer hitch becomes an especially dangerous hazard when a vehicle is hit in a high energy impact,” Vincent said. “It can fracture and harpoon into the tank.”

An alternative, a plastic shield guard that emits a fire-suppressant powder on impact, is being used by U.S. military vehicles, Vincent said, and could have saved the life of their client’s husband.

The complaint in the case alleges that the 2002 Jeep Liberty and 2.5 million vehicles like it (1993-1998 Jeep Grand Cherokee; 2002-2007 Jeep Liberty) are defective because the tank was placed between the rear bumper and rear axle, which makes vehicles prone to explode and burn when struck in the rear.

The complaint further alleges in the 2002 Jeep Liberty and 2.5 million similar vehicles the fuel tank is placed low, under the bumper, where it is most easily pierced in rear-end collisions (making it even worse than other rear-mounted fuel tank vehicle designs).

“It’s such an easy change, it’s a really simple fix, it’s commercially feasible,” Vincent said, regarding the shield. “It’s not a theoretical fix.”

The attorneys are seeking damages for the widow, and if possible, in California, a judge can order a recall in a situation where a safety interest prompts concern.

“It would send a strong signal to the defendant and the whole country,” Vincent said, “as to what could be done.”

FCA has not yet been served with the lawsuit and did not have a response posted on its website. In the past it has acknowledged recall in more than 1.45 million vehicles.

The lawsuit claims that millions more Jeep vehicles are affected. The news release included a website for Jeep owners who might be concerned about their vehicle.