ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Saturday, February 17, 1996 TAG: 9602190036
SECTION: BUSINESS PAGE: A-6 EDITION: METRO
DATELINE: BOSTON
SOURCE: The Boston Globe
A Suffolk Superior Court jury found Friday that Chrysler Corp. was grossly negligent in designing the brakes of the 1986 Plymouth Voyager, one of the nation's most popular minivans, and awarded $19 million to a man whose wife and three children were killed when the van spun out on a slick New Hampshire parkway.
In addition, the jury returned a small punitive damage verdict: $15,705, the price of the van.
Paul J. Santos Jr. broke into tears as the jurors returned their verdict. His lawyer, Leo V. Boyle, gripped Santos tightly, his hands clenched into fists, and the 56-year-old Santos sobbed loudly. ``I'll feel better,'' he said. ``I'll feel a lot better.''
After the punitive damage verdict was returned, Santos said, ``It was important for me to hear a bunch of people say, `Paul, it wasn't you who killed your family.'''
Chrysler indicated it may appeal. ``Chrysler doesn't agree with the verdict, and we're reviewing it for a possible appeal,'' company spokeswoman Lori McTavish said from Detroit.
The dealer that sold the car, Post Motors, was absolved of liability.
What gives this suit long-range legal ramifications is that it was the minivan that pulled Chrysler from bankruptcy. Millions of them were sold, restoring this Big Three automaker to financial health. ``We sold millions, but there are so many makes and models and variations that I don't know how many were sold in this particular version,'' McTavish said.
This design was used in the Dodge Caravan and several other Chrysler products during the 1980s and '90s.
Two other suits, one in Pennsylvania and one in Georgia, are pending against Chrysler, and lawyers said others may be filed. Minivans made in the early 1980s were recalled for repairs of the brake system, and Boyle said that even vans made in the '90s were made with such small tolerances that the brakes could fail.
``The importance here is that the jury found that Chrysler committed gross negligence in the design of the hottest-selling vehicle in America at one time,'' said Boyle. ``There's a silent killer in this brake system. Under the right conditions, when the stars line up right, it can be deadly.''
The right conditions include a wet highway, a car slightly out of tune, perhaps an unusual load. They apparently were in place Feb. 24, 1990, when Santos and his family were driving down Franconia Notch State Parkway in New Hampshire.
The defect, Boyle said, caused the van's rear brakes to lock before the front ones, causing the vehicle to spin out.
Testimony during the four-week trial indicated that Santos was driving about 45 mph, well within the speed limit, and that he and his three children were all wearing seat belts. Santos' wife, Robin, 46, had injured her leg in a ski accident in Canada and was resting her leg in back.
The car in front of Santos slowed abruptly. Santos testified that he pumped the brakes, which did not slow the car adequately, so he jammed his foot to the brake pedal. The van spun out, crossed the center lane of the parkway, and went into the path of a Ford Bronco that broadsided the vehicle.
Killed were Robin Santos and Christine, 16, Paul, 12, and Peter, 8.
Chrysler's attorney, Peter M. Durney, argued that Santos could have contributed to the accident himself, pointing out that the windshield washer on the car had broken, possibly reducing the visibility, and asking whether he had ever complained to his Chrysler dealer about the brakes.
The jurors found Santos 10 percent at fault, Chrysler the rest.
After the verdicts, Durney declined to discuss the case in detail. ``The rulings of the judge were such that they give us really strong grounds for appeal,'' he said. He declined to discuss the amount of punitive damages, saying only ``It's been a long day, and we want to take time to digest it.''
``If there's a message here,'' Santos said, ``I hope that what happened to Robin and the children can be a lesson so that other people don't get hurt.''
LENGTH: Medium: 76 lines KEYWORDS: FATALITYby CNB