Burning Question: Why are Some Manufacturers Investigated for Door Fires, Others Not?

Karen Swicker’s used 2002 Subaru Outback was new to her – less than a year old, when the driver’s side door ignited as she drove look along a Newburyport, Massachusetts road on February 16. The first puff of smoke sent her to the side of the road. As she came to a stop, the wisps had turned to a cloud. When the Fire Department pulled the door off, it burst into flames, and fire fighters had to cut the electrical wires from the harness.

This might have made a memorable entry in Subaru’s new marketing campaign, First Car Story, in which a driver can used an automated computer program with music and graphics to wax poetic about the elderly El Dorado with the duct-taped bumper that ferried him and his friends to the malt shop.

As Alan Bethke, Subaru of America’s director of marketing communications said in a statement: “The First Car Story campaign provides a creative outlet for reliving those unique, funny, unforgettable car experiences anyone who had a first car can relate to.”

Automakers Blame Drivers, But Settle Unintended Acceleration Cases

Two recent settlements in Unintended Acceleration (UA) cases remind us that while Toyota has sucked all the oxygen in the room over this defect, other automakers’ products equipped with electronic throttle controls are also getting their share of complaints, causing their share of injury and property damage and winding up in civil court.

In the last month, Thomas J. Murray & Associates, a law firm based in Sandusky, Ohio, reached confidential settlements against Kia Motors America and Subaru for seriously injured plaintiffs who claimed that their vehicles suffered an unintended acceleration event.

The first case involved Mary McDaniels, a visiting nurse from Norton, Ohio, who was returning to the office after seeing a patient, when the throttle of her 2006 KIA Amanti suddenly opened, as she crept along in stop-and-go traffic. With vehicles in front of her and oncoming traffic directly to her left, McDaniels chose to steer her rapidly accelerating sedan off the road.

Attorney Molly O’Neill says that McDaniels testified that her first reaction was: “What is happening to me?” When McDaniels looked down to affirm the position of her foot, she saw that it was on the brake. The Amanti hit a ditch, became airborne, skidded and collided with a tree. McDaniels’ leg was fractured in several places. She is unable to walk without assistance as a result of the Dec. 26, 2007 crash and had to give up her job.

McDaniels v Kia Motors America went to trial in October. Over two weeks of testimony, the Murrray legal team was able to show that Kia’s “American engineers were aware of unintended acceleration or surging events not ascribed to driver error,” O’Neill says. “They surmised it could be electronic.” McDaniels’ Kia was bought as “new” with a full warranty, even though it had 6,900 miles on it at the time of purchase and had been used by Kia as an in-house vehicle.

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