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Family sues DaimlerChrysler Corporation over unsafe Dodge Ram Van - Company knew of design defects yet did nothing

December 9, 2003

RIVERSIDE, CA - On April 24 of this year William and Mary Gorby were traveling on SR 111 (more commonly know as Palm Canyon Drive East) near Broadmoor Drive in Palm Springs, CA in their 1987 Dodge Ram Van. Mr. Gorby was driving the van and his wife was seated in the right front passenger seat, both were wearing seat belts. While traveling eastbound, the Gorby's van was suddenly and unexpectedly struck in the rear by a 1993 Nissan Altima operated by Robert B. Basque. Immediately upon impact, the van's fuel system failed and the vehicle exploded in a burst of flames. As a result of the failure of the fuel system caused by the impact of Basque's car, William Gorby and his wife Mary burned to death.

Most recently attorney Edward Ricci renowned for his work in auto crashworthiness and vehicle safety along with co-counsel James Heitig of Heiting & Irwin, in Riverside, California, filed a lawsuit on behalf of the Gorby family that names DaimlerChrysler Corporation and Basque as defendants.

The fuel tank of the Dodge Ram van was designed and installed in a location so that it was susceptible to rupture, puncture or could easily sustain other damage that would cause a breach, allowing gasoline to escape, thereby presenting the risk of fire and explosion. The van was not equipped with a shield to protect the fuel tank. Additionally, the fuel filler neck of the van was routed it a way that it was easily susceptible to being torn away in an accident. "This van never had a recall for any of these problems, as well as several others," said Ed Ricci. "No warnings to anyone owning the van were provided and one can easily see that the risk of fire and explosion is not only possible, but obvious and likely to occur," he added.

The van proved to be defective and unsafe for the use for which it was intended. "The Gorby's relied on the safety and the warranty of the vehicle, it failed them miserably, tragically and fatally. Worse of all Chrysler knew that the design of the fuel system could and in fact would lead to just the type of tragedy that occurred in this accident," stated Ricci.

The estates are also suing Robert B. Basque for auto negligence. "Mr. Basque was obviously at fault and negligent in the way he operated a motor vehicle, yet it was not the accident that killed the Gorby's, but the design location of the fuel tank in the Dodge Ram Van," concluded Ricci.

Attorney Edward M. Ricci in the law firm of Edward M. Ricci, P.A., has specialized in civil trial law for more than 34 years. The firm is headquartered in West Palm Beach, Florida at 515 N. Flagler Avenue, Suite 400. Mr. Ricci can be contacted at (561) 842-2820. Additional information about Edward M. Ricci, P.A. may be obtained from the firm's website at www.edriccilaw.com.

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