The California personal injury lawyers of BISNAR | CHASE filed a wrongful death lawsuit against Subaru of America, Inc., Fuji Heavy Industries LTD. of Japan and Autoliv North America, alleging that the 2001 Subaru Forester manufactured and sold Subaru of America contained defective parts which failed to protect its passengers and lead to the wrongful death of Lisa Ann Thayer.

Lisa Ann Thayer was driving her 2001 Subaru Forester west on Interstate I-40 in San Bernardino County, California on October 27, 2006, when Lisa lost control of the vehicle. The forester veered onto the shoulder of the road, rotated clockwise, and spun across both lanes of traffic. The event ended in a rollover crash that left the vehicle upside down on its roof. Lisa was properly restrained in the driver's seat of the vehicle, but her seatbelt webbing tore, forcing her to be thrown about the rolling vehicle and eventually ejected with catastrophic injuries. Lisa died in this crash and her daughter, Emma, who was a passenger at the time, sustained severe permanent injury.

"We allege the 2001 Subaru Forester Lisa was driving at the time of her death was defective in a multitude of ways and these auto defects, in combination, ultimately caused her demise, said John Bisnar of BISNAR | CHASE. "The alleged defects include, but are not limited to, a defective restraint system, a defective window system, insufficient strength and structural integrity to withstand roof crushing forces, and insufficient lateral and roll stability."

Subaru Did Not Act to Improve Auto Defects

"We contend the defendants knew about these defects yet they did nothing to warn Lisa, or the general public, about these defects," Bisnar said, referring to studies conducted since 1970 which showed the use of unsupported, tempered glass in side and rear windows of vehicles to be insufficient protection for passengers, should they be involved in a rollover accident. Vehicles with defects of this variety do not prevent the ejection of passengers, as was the case with Lisa Thayer.

In 1970, Roger P. Daniels, a Ford research engineer, published a paper describing a metal framework with laminated glass or ejection resistant glazing that would better restrain passengers and prevent ejection. Further, six separate reports were published between 1984 and 2001 by the National Highway Traffic Safety Administration (NHTSA) which discussed vehicle designs, such as those posed by Roger Daniels, that are safety recommendations to avoid ejection.

The lawsuit claims that the defendants knew about the data, failed to act in accordance with recommendations, and falsely misrepresented test data to make their vehicles' safety systems appear safe. By doing so, they have continued to expose occupants of their defective vehicles to serious head and spinal injuries in order to avoid cost penalties. The Thayers are only one example of the tragedies that have arisen from Subaru's carelessness.

The action seeks damages for Emma Thayer, the daughter and successor to her mother's estate, for the wrongful death of her mother, personal injuries, pain and suffering, past and continued medical expenses, loss of past and future earnings and earning capacity. The lawsuit is pending in the Superior Court of California, Orange county.

You can find more information about this case at California Auto Defect Lawyers File Product Liability Wrongful Death Lawsuit Against Subaru. Also, be sure to stay current with BISNAR | CHASE press releases .

Bookmark and Share