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FARS 450884
Page 1 of 2 FAFS Encyclopedia
2003 Fatality Analysis Reporting System ACCIDENT LEVEL
US Dqmlmll d T m m t amp U f m d ~ T n l R c S d d y Acbldrwdkm
9999-Unknown
10-Local Road 01 Street trattlS-Unkncwn urban
3-Dark but Lighted
Ol-Fm-tPFampar OndUQs amp-End) 0 2 - F ~ t o F m t Ondudes Head-on) 03-FmtPSidS Same Direction lO-Rear4c-Rear
ll-Other(End Swipe3 and
99-Unknown toSidrUnpCLHrsdion Not
NOKINTERCWHOE INTERCHANGE ARE4 lO-lnteRamplia 11-lnlBrsBClim Related 12-Driveway -ea
15-Olher Locam In Interchange
M D r h W V rUr 8tC Z-Entrrnce~Exit Ramp Related 05-EnlramampxB Ramp Wted 14-Cr016~er-ReWed OSRd G d - M
httpwww-fars nhtsadotgovQue~Too~Que~Sectio~AccidentDisplayFormaspxSho 10272010
FARS Encyclopedia Page 2 of 2
I ___
NUMBER OF TRAVEL LANES I I
J7Sevsn 01 More Lams Unknown I
-farsnhtsadotgovQueryTooVQuerySectio~Acciden~isplayFo~aspxSho 1 02720 1 0
FARS Encyclopedia Page 1 of 2
2003 Fatality Analysis Reporting System Q VEHICLE LEVEL US Dgrrmtdlm- HamdHphorlTrampSllaty 1Bdwdlm
99-Unknown WMilitaw Vehicle
WTH OTHER VEHICLE
de (Comprbnent Intrusion Unknown)
MTruclTraampr(a) 80-Passenp8r Car (only when
00-Not Applicable Nota
01-VaruEnclosed Box
086rain Chips Gravel
2 0 ~ (seats 9-15 people including d w r ) 21-Bus (seats more than 15 peopklduding
MedlHcavy TruckIBus OQ-POk
httpwww-far n h t s a d o t g o v Q u e r y T o o Y Q 10272010
FARS Encyclopedia Page 2 of 2
SS-Unknorm
Heavy TNCk or Bus Other Carp0 (not codes 01-09 20-21) avy TNCk or Bus Unkn Cargo Ruhl Turn on R W
Men0 Staled) driver BMher AvoidanceManewer
ampNo1 Reported I Inwndusive (by police)
an Amculalad Vehi
httpwww-fars n h t s a d o t g o v Q u e r y T o o V Q a s p x S h o w 10272010
FARS 480273
CAUSE NO 200600134
JENNIFER JARMON and 0 IN THE DISIWCT COURT OF CASSNS JARMON Individually And As Co-Administrators of THE ESTAE OF 5 CASSIDY JARMON Deceased and as 5 Next Friends to C W I E JARMON sect A Minor Child P
0 V sect JOHNSON COUNTY TEXAS
5 DELBERT J DAVJDSON 0 DATMtER CHRYSLER CORPORATION sect and DAIMLER CHRYSER COMPANY LLC 8 413m JUDICIAL DISTRICT
PLAINTIFFSrsquo SECOND AMENDED ORIGIN AL PETITION
TO THE H O N O U B U JUDGE OF SAID COURT
COME NOW Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of Tbe Estate of Cassidy Jarmon Deceased and as Next Friends to Callie
Jarmon a minor child in the above styled and numbered cause of action and file this their
Second Amended Original Petition complaining of Defendant Delbert J Davidson (hereafter
ldquoDavidsonrdquo) Daimler Chrysler Corporation and Daimler Chrysler Company LLC (hereafter
collectively ldquoDCrdquo) and for cause thedore would respectfully show this honorable Court the
following
1 LEVEL 3 DISCOVERY CONTROL PLAN BY COURT ORDER
1 Pursuant to Rule 1901 TM R CIV P Plaintiffs allege that this case is one which
wiU require a discovery control plan tailored to the cvcumstances of the case The Court has
en- a discovery control plan pursuant to Level 3 Rule 1904 TEX R CIV P
II lampKmS
2 Plaintiffs Jennifer and Casius Jamon are individuals residing in Clebume
Johnson County Texas
3 Defendant Demert J Davidson is an individual residing in Johnson County
Texas and has already made au appearance in this case No service is necessary at this time
4 Defendant Daimler Chrysler Corporation is a Miclugan corporation and is
authorized to do business in the State of Texas Process was previously served upon DCC by
serving its registered agent CT Corporation Systems of Dallas Texas Defendant Daimler
Chryslcr Company LLC has entered an appearance in this case as the successor to Daimler
Chrysler Corporation by conversion effective March 31 2007 Dmder Chrysler Corporation
was the successor to Chrysler Corporation by merger in 1998
rIL JURISDICTION VENUE AND STANDING
5 Jurisdiction is proper in the District Court as the amount in contmversy greatly
exceeds the minimal jurisdictional limits of this Court and is within tk maximum jurisdictional
limits of any other state court in Johnson County Texas
6 Venue i s proper in Johnson County pursuant to ~15002(a)(l) and (2) TM CIV
PRAC ampREM CODE in that the event giving rise to this case occurred in Johnson County Texas
and Defendant Davldson resided in Johnson County Texas at the time of the event complained
of Venue is proper as to the remaining Defendants pursuant to 515005 TEX Crv PRAC ampREM
CODE
2
Iv STATUS OF DEFJ3NDANTS
7 At all times material heramp Defendant DC was engaged in the business of
designing manufacturing marketing and distributing automobiles including the vehicle made
the subject of this lawsuit for sale to and for use by members of the general public
V uC2-s
8 On or about February 12 2006 Jennifer Jarmon was operating her 1993 Jeep
Gxand Cherokee Vehicle Identification Number lJ4GZ58S6DC640210 (rhe subject vehicle)
manufactured by DeFendant DC Also in che vehicle were Jennifer and Cassius Jarrnonrsquos two
children Cassidy Jarmon and Calk Jarmon At that time and on that occasion the Jarmon
vehicle was struck in the rear by a 2001 Chevrolet Lumina 4-door sedan being operated by
Jhfendant Davidson Following the impact the Jarmon vehicle came to rest on the road way
and due to a leaking fuel system component a fuel-fed fire immediately began at the tear of the
Jeep Grand Cherokee Although Cassidy Jannoa survived the impact due to the fire that erupted
because of a defective fuel tank in the Jeep vehicle Cassidy was trapped in the second seat of the
Jeep and could not be rescued from the vehicle Flames from the pst-collision fuel-fed fire
entered into the passenger compartment of the Jeep and wed injury to Jennifer J m o n Wie
Jarmon and caused smoke inhalation and thermal injuries to Cassidy Jarmon resulting in her
death
9 Plaintiffs would show that at all times they have performed all conditions
precedent to brin~g this lawsuit and to recover under the various causes of action stated
herein
3
10 At ail material times plaintiffs would show that wherein i t is alleged that
Defendants did did not andor failed to act it may be shown that Defendants acted individually
andor by and through M y authorized employees servants agents andor officers Plaintiffs
would furthex show that at all times material hereto these persons were expressly authorized to
so act or alternatively were acting within the apparent authority andor authority necessarily
implied in order for the agents to perform and exercise the authority expresdy granted Plaintiffs
further allege respondeut superior liability
11 Xn the further alternative and without waiver of the foregoing if ir be shown that
persons purporting to act on Defendantsrsquo behalf as alleged were not so auzhorized then
Defendants have in all things ratified the actions or inactions of those persons and have accepted
the benefits thereof
12 Further in the design markering and distribution of the Jeep Grand Cherokee
the Plaintiffs would show that decisions with regard to the placement of the fuel tank failure to
adequately guard or shieid the fuel tank and in testing and evaluaring the function of the vehicle
fuel rank those agents and employees of Defendant DC were acting in their capacity as vice-
principals
n CAUSES OF ACTION
k Neeligenceo f Defendant Davidson
13 The injuries and damages suffered by the Plantiffs and the death of Cassidy
Jarmon were proximately caused by the negligence of Defendant Davidson in operaring the 200 1
Chevrvlet Lumina at the rime of Ihe OccUrreIlce in question in
a failing to keep a proper lookout to avoid the collision in question
4
b failing to turn his vehicle in a timely manner to avoid the mKsion in question
aud
failing to timely and properly apply his brakes to avoid the collision in question c
a peeelisence of Defendant Rc
14 The injuries and damages suffered by the Phintiffs and the death of Cassidy
Jamon were proximately caused by the negligence of Dcfendant DC in designing testing
assembling supplying and distributing the 1993 Jeep Grand Cherokee sport utility vehicIe
including but not lirmted to the following particulars
a In failing to design the vehicle fuel supply system to be crashworthy
b In fading to design the vehicle in such manner that gasoline would not escape from
the fuel supply systun in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d lo failing to design the fuel supply system in such a manner so 8 to prevent post-
collision fuel fed fins
e In failing to properly test and evaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tmk and delivery system
g In the placement and packaging of the vehiclersquos fuel tamk and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected fromenvironmenral hazards in on and about its surrounding tank
5
j Failing to warn of dangers associated with the design ofthe fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashworthy manner
I Failing ul conduct adequate testing of the design of the fuel supply system for the
subject vehick
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifically of the dargerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to deign market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
q In rbe design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and protection of the fuel tank from
environmental hazards
r In the design of the subjcct vehicle which failed to restrict foreseeable f m from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
6
s In failmg to provide adequate warnings concerning the rear strucrurd cnsh
perfopmaow of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitamp
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing rhe fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within structure of the vehicle
C mitt L i i i t v of Men dant DC
15 Plaintiffs further allege that the 1993 Jeep Grand Cherokee sport utility vehicle
was defective and unsafe for its intended purposes at the time of its design by Defendant DC and
its sale mcVor transfer into the stream of commerce and that at the time Plaintiffs Jennifer
Jarmon and Casius Jannon took possession of the vehicle The 1993 Jeep Grand Cherokee
spxt utility vehicle was in substantially the same condition at the time of the collision involved
in this suit as when it was manufactured and distributed by Defendant DC The Plaintiffs wodd
further show rhat there were safer alternative designs far the subject vehicle fuel containment
system pursuant to 582005(a) and (b) TEX Crv PRAC amp REM CODE The product was
defectively designed and unmsonably dangerous to Plainriffs in that the design of the vehicle
made it unsafe for the following reasons
a In failing to design the vehicle fuel supply system to be crashworthy
7
b Xn failing to design the vehicle in such manner that gasoline would not escape from
the fuel supply system in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d In failing to design the fuel suppIy system in such a manner so as to prevent post-
collision fuel fed fms
e Xn failing to properly test amdevaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placcmcnt and packaging of the vehiclersquos fuel tank and fuel supply system
h h its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failig to wam of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashwoahy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehcle
m In failing to warn of the inadequate testkg of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to thc public in general and to these
8
Plaintiffs and deceased specifically of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
Substantial change after receiving sufficienr knowledge as to the nature of the defects
and the danger to the public
q In the design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and proWion of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
ciashworthy when fitted with a trailer bitch
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
V In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
9
w In designing the fuel tank for the vehicle in such a manner that it was dansrously
exposed to impacts and was not adequately protected within structme of the vehicle
16 Plaintiffs further allege that such defects in the design of the vehicle were a
producing cause of the death of Cassidy Jannon and the injuries and damages sustained by
Plaintiffs
D Breaamp of Imnlied Warrantv of Merchantability
17 The vehicle in question is a good for purposes of Ihe TEX BUS ampCorn CODE
and Defendant JX was a merchant with respect to goods of that kind Defendant DC breached
the implied warranty of merchantability set forth in TEX Bus amp COMM CODE $2314 by
selling amphe vehicle in question when i t was defective that is not fit for the ordinary purposes for
whichsuch goods are used because of the and crashwonhiness deficiencies described more fully
herein Such breach of warranty was a proximare cause of the injuries and damages to Plaintiffs
E lh-eaeh of Warranh of I3 tness for Particular Punmse
18 Defendant DC impliedly warranted to the public generally and specifically to
Plaintiffs that the 1993 Yecp Grand Cherokee was fit for che particular purpose for which the
vehicle was intended Defendant DC at the time of rhe design manufacm and sale of the
vehicle had reason to know of the particular purpose for which the vehicle and its fuel supply
system were required The Plaintiffs relied upon Defendant Ws skill and judgment to selea
and hrnish suitable goods and components The vehicle in question was unfit for the p w s e
for which it was intended to be used in one or more of the following particulars
a In failing to design the vehicle kuel supply s y s m to be crashworthy
b In failing tD design the vehicle in such manner that gasoline would not escape from
tbe fuel supply system in the event of foreseeable collisions
IO
of foreseeable collisions
d In failing to design the fuel supply system in such a manner so as to prevent post-
collision fuel fed fires
e In failing to properly test and evaluate the vehicle
f h fding to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placement and packaging of the vehiclersquos fuel tank and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
locarion on the vehicle that subjected it to hazards associated with the mvironment in
which it was locaLed
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to warn of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrasbworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehicle
m In Failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceaKd specifically of the dangexous propensities of the flawed design
of the fuel supply system on the subject vehicle
11
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfdling its cnmmon law and statutory
obligatiom to provide adequate warnings and to remedy such defects
p In continuing to ampsign market and selI this line of sport utility vehicles without
substantial change atkr receiving sufficient knowledge as to the name of the defects
and the danger to the public
q In the design of rhe subject vehicle which failed to correct serious rear structure
design deficiencies in Iccation mounting and protection of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to resuict foremable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear s t r u c d crash
perfomance of the vehicle when fitted with a traik two hitch
t In fa i l i i to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a tniler hitch
u In failing to design the rear structure of rhe vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing the fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and WBS not adequately protected wirhin structure of the vehicle
12
r
19 Plaintiffs suffered injuries and damages as set forth hereafter as a proximate result
of the breach of this warranty
F ampampreDreSeIlbtiwShiCt Liability Of Defendant DC
20 Plaintiffs allege that Defendant DC was in the business of marketing and selling
automobiles and made misrepresentations to the public of material facts concerning the character
andor quality of the veh~le that i s the subject of this lawsuit Purchasers of the vehicle
justifiably relied upon these misrepresentations that induced and influenced them to purchase and
transport others in the Jeep Grand Cherokee sport utility vehicle including the vehicle in
question As a result Plaintiffs sustained severe traumatic debilitating injuries during the
incident and Cassidy Jannon lost her life Plaintiffs therefore invoke the DoctrinP of Strict
Liability contained in Section 402B of the R E S T A rdquo T (2ND) OF TORTS Furthermore
Plaintiffs allege that these misrepresentations o f material fact were a producing cause of the
injuries and damages sustained by Plaintiffs Defendant DC misrepresented its product as being
safe in spite of the following defects
a In failing to design the vehicle fuel supply system to be crashworthy
b In failing to design the vehicle in such manner that gasoline would not escape from
rhe fuel supply system in the event of foreseeable collisions
c In failing to wnstmct the fuel supply system so that it would contain fuel in the event
of fomeeable collisions
d In failing to design the fuel supply system in such a manner so a$ to prevent post-
collision fuel fed fires
e Xn failing to properly twt and evaluate the vehicle
f ln failing to properly guard or shield the vehiclersquos fuel tank and delivery system
13
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
Page 1 of 2 FAFS Encyclopedia
2003 Fatality Analysis Reporting System ACCIDENT LEVEL
US Dqmlmll d T m m t amp U f m d ~ T n l R c S d d y Acbldrwdkm
9999-Unknown
10-Local Road 01 Street trattlS-Unkncwn urban
3-Dark but Lighted
Ol-Fm-tPFampar OndUQs amp-End) 0 2 - F ~ t o F m t Ondudes Head-on) 03-FmtPSidS Same Direction lO-Rear4c-Rear
ll-Other(End Swipe3 and
99-Unknown toSidrUnpCLHrsdion Not
NOKINTERCWHOE INTERCHANGE ARE4 lO-lnteRamplia 11-lnlBrsBClim Related 12-Driveway -ea
15-Olher Locam In Interchange
M D r h W V rUr 8tC Z-Entrrnce~Exit Ramp Related 05-EnlramampxB Ramp Wted 14-Cr016~er-ReWed OSRd G d - M
httpwww-fars nhtsadotgovQue~Too~Que~Sectio~AccidentDisplayFormaspxSho 10272010
FARS Encyclopedia Page 2 of 2
I ___
NUMBER OF TRAVEL LANES I I
J7Sevsn 01 More Lams Unknown I
-farsnhtsadotgovQueryTooVQuerySectio~Acciden~isplayFo~aspxSho 1 02720 1 0
FARS Encyclopedia Page 1 of 2
2003 Fatality Analysis Reporting System Q VEHICLE LEVEL US Dgrrmtdlm- HamdHphorlTrampSllaty 1Bdwdlm
99-Unknown WMilitaw Vehicle
WTH OTHER VEHICLE
de (Comprbnent Intrusion Unknown)
MTruclTraampr(a) 80-Passenp8r Car (only when
00-Not Applicable Nota
01-VaruEnclosed Box
086rain Chips Gravel
2 0 ~ (seats 9-15 people including d w r ) 21-Bus (seats more than 15 peopklduding
MedlHcavy TruckIBus OQ-POk
httpwww-far n h t s a d o t g o v Q u e r y T o o Y Q 10272010
FARS Encyclopedia Page 2 of 2
SS-Unknorm
Heavy TNCk or Bus Other Carp0 (not codes 01-09 20-21) avy TNCk or Bus Unkn Cargo Ruhl Turn on R W
Men0 Staled) driver BMher AvoidanceManewer
ampNo1 Reported I Inwndusive (by police)
an Amculalad Vehi
httpwww-fars n h t s a d o t g o v Q u e r y T o o V Q a s p x S h o w 10272010
FARS 480273
CAUSE NO 200600134
JENNIFER JARMON and 0 IN THE DISIWCT COURT OF CASSNS JARMON Individually And As Co-Administrators of THE ESTAE OF 5 CASSIDY JARMON Deceased and as 5 Next Friends to C W I E JARMON sect A Minor Child P
0 V sect JOHNSON COUNTY TEXAS
5 DELBERT J DAVJDSON 0 DATMtER CHRYSLER CORPORATION sect and DAIMLER CHRYSER COMPANY LLC 8 413m JUDICIAL DISTRICT
PLAINTIFFSrsquo SECOND AMENDED ORIGIN AL PETITION
TO THE H O N O U B U JUDGE OF SAID COURT
COME NOW Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of Tbe Estate of Cassidy Jarmon Deceased and as Next Friends to Callie
Jarmon a minor child in the above styled and numbered cause of action and file this their
Second Amended Original Petition complaining of Defendant Delbert J Davidson (hereafter
ldquoDavidsonrdquo) Daimler Chrysler Corporation and Daimler Chrysler Company LLC (hereafter
collectively ldquoDCrdquo) and for cause thedore would respectfully show this honorable Court the
following
1 LEVEL 3 DISCOVERY CONTROL PLAN BY COURT ORDER
1 Pursuant to Rule 1901 TM R CIV P Plaintiffs allege that this case is one which
wiU require a discovery control plan tailored to the cvcumstances of the case The Court has
en- a discovery control plan pursuant to Level 3 Rule 1904 TEX R CIV P
II lampKmS
2 Plaintiffs Jennifer and Casius Jamon are individuals residing in Clebume
Johnson County Texas
3 Defendant Demert J Davidson is an individual residing in Johnson County
Texas and has already made au appearance in this case No service is necessary at this time
4 Defendant Daimler Chrysler Corporation is a Miclugan corporation and is
authorized to do business in the State of Texas Process was previously served upon DCC by
serving its registered agent CT Corporation Systems of Dallas Texas Defendant Daimler
Chryslcr Company LLC has entered an appearance in this case as the successor to Daimler
Chrysler Corporation by conversion effective March 31 2007 Dmder Chrysler Corporation
was the successor to Chrysler Corporation by merger in 1998
rIL JURISDICTION VENUE AND STANDING
5 Jurisdiction is proper in the District Court as the amount in contmversy greatly
exceeds the minimal jurisdictional limits of this Court and is within tk maximum jurisdictional
limits of any other state court in Johnson County Texas
6 Venue i s proper in Johnson County pursuant to ~15002(a)(l) and (2) TM CIV
PRAC ampREM CODE in that the event giving rise to this case occurred in Johnson County Texas
and Defendant Davldson resided in Johnson County Texas at the time of the event complained
of Venue is proper as to the remaining Defendants pursuant to 515005 TEX Crv PRAC ampREM
CODE
2
Iv STATUS OF DEFJ3NDANTS
7 At all times material heramp Defendant DC was engaged in the business of
designing manufacturing marketing and distributing automobiles including the vehicle made
the subject of this lawsuit for sale to and for use by members of the general public
V uC2-s
8 On or about February 12 2006 Jennifer Jarmon was operating her 1993 Jeep
Gxand Cherokee Vehicle Identification Number lJ4GZ58S6DC640210 (rhe subject vehicle)
manufactured by DeFendant DC Also in che vehicle were Jennifer and Cassius Jarrnonrsquos two
children Cassidy Jarmon and Calk Jarmon At that time and on that occasion the Jarmon
vehicle was struck in the rear by a 2001 Chevrolet Lumina 4-door sedan being operated by
Jhfendant Davidson Following the impact the Jarmon vehicle came to rest on the road way
and due to a leaking fuel system component a fuel-fed fire immediately began at the tear of the
Jeep Grand Cherokee Although Cassidy Jannoa survived the impact due to the fire that erupted
because of a defective fuel tank in the Jeep vehicle Cassidy was trapped in the second seat of the
Jeep and could not be rescued from the vehicle Flames from the pst-collision fuel-fed fire
entered into the passenger compartment of the Jeep and wed injury to Jennifer J m o n Wie
Jarmon and caused smoke inhalation and thermal injuries to Cassidy Jarmon resulting in her
death
9 Plaintiffs would show that at all times they have performed all conditions
precedent to brin~g this lawsuit and to recover under the various causes of action stated
herein
3
10 At ail material times plaintiffs would show that wherein i t is alleged that
Defendants did did not andor failed to act it may be shown that Defendants acted individually
andor by and through M y authorized employees servants agents andor officers Plaintiffs
would furthex show that at all times material hereto these persons were expressly authorized to
so act or alternatively were acting within the apparent authority andor authority necessarily
implied in order for the agents to perform and exercise the authority expresdy granted Plaintiffs
further allege respondeut superior liability
11 Xn the further alternative and without waiver of the foregoing if ir be shown that
persons purporting to act on Defendantsrsquo behalf as alleged were not so auzhorized then
Defendants have in all things ratified the actions or inactions of those persons and have accepted
the benefits thereof
12 Further in the design markering and distribution of the Jeep Grand Cherokee
the Plaintiffs would show that decisions with regard to the placement of the fuel tank failure to
adequately guard or shieid the fuel tank and in testing and evaluaring the function of the vehicle
fuel rank those agents and employees of Defendant DC were acting in their capacity as vice-
principals
n CAUSES OF ACTION
k Neeligenceo f Defendant Davidson
13 The injuries and damages suffered by the Plantiffs and the death of Cassidy
Jarmon were proximately caused by the negligence of Defendant Davidson in operaring the 200 1
Chevrvlet Lumina at the rime of Ihe OccUrreIlce in question in
a failing to keep a proper lookout to avoid the collision in question
4
b failing to turn his vehicle in a timely manner to avoid the mKsion in question
aud
failing to timely and properly apply his brakes to avoid the collision in question c
a peeelisence of Defendant Rc
14 The injuries and damages suffered by the Phintiffs and the death of Cassidy
Jamon were proximately caused by the negligence of Dcfendant DC in designing testing
assembling supplying and distributing the 1993 Jeep Grand Cherokee sport utility vehicIe
including but not lirmted to the following particulars
a In failing to design the vehicle fuel supply system to be crashworthy
b In fading to design the vehicle in such manner that gasoline would not escape from
the fuel supply systun in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d lo failing to design the fuel supply system in such a manner so 8 to prevent post-
collision fuel fed fins
e In failing to properly test and evaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tmk and delivery system
g In the placement and packaging of the vehiclersquos fuel tamk and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected fromenvironmenral hazards in on and about its surrounding tank
5
j Failing to warn of dangers associated with the design ofthe fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashworthy manner
I Failing ul conduct adequate testing of the design of the fuel supply system for the
subject vehick
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifically of the dargerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to deign market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
q In rbe design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and protection of the fuel tank from
environmental hazards
r In the design of the subjcct vehicle which failed to restrict foreseeable f m from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
6
s In failmg to provide adequate warnings concerning the rear strucrurd cnsh
perfopmaow of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitamp
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing rhe fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within structure of the vehicle
C mitt L i i i t v of Men dant DC
15 Plaintiffs further allege that the 1993 Jeep Grand Cherokee sport utility vehicle
was defective and unsafe for its intended purposes at the time of its design by Defendant DC and
its sale mcVor transfer into the stream of commerce and that at the time Plaintiffs Jennifer
Jarmon and Casius Jannon took possession of the vehicle The 1993 Jeep Grand Cherokee
spxt utility vehicle was in substantially the same condition at the time of the collision involved
in this suit as when it was manufactured and distributed by Defendant DC The Plaintiffs wodd
further show rhat there were safer alternative designs far the subject vehicle fuel containment
system pursuant to 582005(a) and (b) TEX Crv PRAC amp REM CODE The product was
defectively designed and unmsonably dangerous to Plainriffs in that the design of the vehicle
made it unsafe for the following reasons
a In failing to design the vehicle fuel supply system to be crashworthy
7
b Xn failing to design the vehicle in such manner that gasoline would not escape from
the fuel supply system in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d In failing to design the fuel suppIy system in such a manner so as to prevent post-
collision fuel fed fms
e Xn failing to properly test amdevaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placcmcnt and packaging of the vehiclersquos fuel tank and fuel supply system
h h its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failig to wam of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashwoahy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehcle
m In failing to warn of the inadequate testkg of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to thc public in general and to these
8
Plaintiffs and deceased specifically of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
Substantial change after receiving sufficienr knowledge as to the nature of the defects
and the danger to the public
q In the design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and proWion of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
ciashworthy when fitted with a trailer bitch
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
V In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
9
w In designing the fuel tank for the vehicle in such a manner that it was dansrously
exposed to impacts and was not adequately protected within structme of the vehicle
16 Plaintiffs further allege that such defects in the design of the vehicle were a
producing cause of the death of Cassidy Jannon and the injuries and damages sustained by
Plaintiffs
D Breaamp of Imnlied Warrantv of Merchantability
17 The vehicle in question is a good for purposes of Ihe TEX BUS ampCorn CODE
and Defendant JX was a merchant with respect to goods of that kind Defendant DC breached
the implied warranty of merchantability set forth in TEX Bus amp COMM CODE $2314 by
selling amphe vehicle in question when i t was defective that is not fit for the ordinary purposes for
whichsuch goods are used because of the and crashwonhiness deficiencies described more fully
herein Such breach of warranty was a proximare cause of the injuries and damages to Plaintiffs
E lh-eaeh of Warranh of I3 tness for Particular Punmse
18 Defendant DC impliedly warranted to the public generally and specifically to
Plaintiffs that the 1993 Yecp Grand Cherokee was fit for che particular purpose for which the
vehicle was intended Defendant DC at the time of rhe design manufacm and sale of the
vehicle had reason to know of the particular purpose for which the vehicle and its fuel supply
system were required The Plaintiffs relied upon Defendant Ws skill and judgment to selea
and hrnish suitable goods and components The vehicle in question was unfit for the p w s e
for which it was intended to be used in one or more of the following particulars
a In failing to design the vehicle kuel supply s y s m to be crashworthy
b In failing tD design the vehicle in such manner that gasoline would not escape from
tbe fuel supply system in the event of foreseeable collisions
IO
of foreseeable collisions
d In failing to design the fuel supply system in such a manner so as to prevent post-
collision fuel fed fires
e In failing to properly test and evaluate the vehicle
f h fding to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placement and packaging of the vehiclersquos fuel tank and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
locarion on the vehicle that subjected it to hazards associated with the mvironment in
which it was locaLed
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to warn of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrasbworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehicle
m In Failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceaKd specifically of the dangexous propensities of the flawed design
of the fuel supply system on the subject vehicle
11
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfdling its cnmmon law and statutory
obligatiom to provide adequate warnings and to remedy such defects
p In continuing to ampsign market and selI this line of sport utility vehicles without
substantial change atkr receiving sufficient knowledge as to the name of the defects
and the danger to the public
q In the design of rhe subject vehicle which failed to correct serious rear structure
design deficiencies in Iccation mounting and protection of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to resuict foremable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear s t r u c d crash
perfomance of the vehicle when fitted with a traik two hitch
t In fa i l i i to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a tniler hitch
u In failing to design the rear structure of rhe vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing the fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and WBS not adequately protected wirhin structure of the vehicle
12
r
19 Plaintiffs suffered injuries and damages as set forth hereafter as a proximate result
of the breach of this warranty
F ampampreDreSeIlbtiwShiCt Liability Of Defendant DC
20 Plaintiffs allege that Defendant DC was in the business of marketing and selling
automobiles and made misrepresentations to the public of material facts concerning the character
andor quality of the veh~le that i s the subject of this lawsuit Purchasers of the vehicle
justifiably relied upon these misrepresentations that induced and influenced them to purchase and
transport others in the Jeep Grand Cherokee sport utility vehicle including the vehicle in
question As a result Plaintiffs sustained severe traumatic debilitating injuries during the
incident and Cassidy Jannon lost her life Plaintiffs therefore invoke the DoctrinP of Strict
Liability contained in Section 402B of the R E S T A rdquo T (2ND) OF TORTS Furthermore
Plaintiffs allege that these misrepresentations o f material fact were a producing cause of the
injuries and damages sustained by Plaintiffs Defendant DC misrepresented its product as being
safe in spite of the following defects
a In failing to design the vehicle fuel supply system to be crashworthy
b In failing to design the vehicle in such manner that gasoline would not escape from
rhe fuel supply system in the event of foreseeable collisions
c In failing to wnstmct the fuel supply system so that it would contain fuel in the event
of fomeeable collisions
d In failing to design the fuel supply system in such a manner so a$ to prevent post-
collision fuel fed fires
e Xn failing to properly twt and evaluate the vehicle
f ln failing to properly guard or shield the vehiclersquos fuel tank and delivery system
13
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
FARS Encyclopedia Page 2 of 2
I ___
NUMBER OF TRAVEL LANES I I
J7Sevsn 01 More Lams Unknown I
-farsnhtsadotgovQueryTooVQuerySectio~Acciden~isplayFo~aspxSho 1 02720 1 0
FARS Encyclopedia Page 1 of 2
2003 Fatality Analysis Reporting System Q VEHICLE LEVEL US Dgrrmtdlm- HamdHphorlTrampSllaty 1Bdwdlm
99-Unknown WMilitaw Vehicle
WTH OTHER VEHICLE
de (Comprbnent Intrusion Unknown)
MTruclTraampr(a) 80-Passenp8r Car (only when
00-Not Applicable Nota
01-VaruEnclosed Box
086rain Chips Gravel
2 0 ~ (seats 9-15 people including d w r ) 21-Bus (seats more than 15 peopklduding
MedlHcavy TruckIBus OQ-POk
httpwww-far n h t s a d o t g o v Q u e r y T o o Y Q 10272010
FARS Encyclopedia Page 2 of 2
SS-Unknorm
Heavy TNCk or Bus Other Carp0 (not codes 01-09 20-21) avy TNCk or Bus Unkn Cargo Ruhl Turn on R W
Men0 Staled) driver BMher AvoidanceManewer
ampNo1 Reported I Inwndusive (by police)
an Amculalad Vehi
httpwww-fars n h t s a d o t g o v Q u e r y T o o V Q a s p x S h o w 10272010
FARS 480273
CAUSE NO 200600134
JENNIFER JARMON and 0 IN THE DISIWCT COURT OF CASSNS JARMON Individually And As Co-Administrators of THE ESTAE OF 5 CASSIDY JARMON Deceased and as 5 Next Friends to C W I E JARMON sect A Minor Child P
0 V sect JOHNSON COUNTY TEXAS
5 DELBERT J DAVJDSON 0 DATMtER CHRYSLER CORPORATION sect and DAIMLER CHRYSER COMPANY LLC 8 413m JUDICIAL DISTRICT
PLAINTIFFSrsquo SECOND AMENDED ORIGIN AL PETITION
TO THE H O N O U B U JUDGE OF SAID COURT
COME NOW Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of Tbe Estate of Cassidy Jarmon Deceased and as Next Friends to Callie
Jarmon a minor child in the above styled and numbered cause of action and file this their
Second Amended Original Petition complaining of Defendant Delbert J Davidson (hereafter
ldquoDavidsonrdquo) Daimler Chrysler Corporation and Daimler Chrysler Company LLC (hereafter
collectively ldquoDCrdquo) and for cause thedore would respectfully show this honorable Court the
following
1 LEVEL 3 DISCOVERY CONTROL PLAN BY COURT ORDER
1 Pursuant to Rule 1901 TM R CIV P Plaintiffs allege that this case is one which
wiU require a discovery control plan tailored to the cvcumstances of the case The Court has
en- a discovery control plan pursuant to Level 3 Rule 1904 TEX R CIV P
II lampKmS
2 Plaintiffs Jennifer and Casius Jamon are individuals residing in Clebume
Johnson County Texas
3 Defendant Demert J Davidson is an individual residing in Johnson County
Texas and has already made au appearance in this case No service is necessary at this time
4 Defendant Daimler Chrysler Corporation is a Miclugan corporation and is
authorized to do business in the State of Texas Process was previously served upon DCC by
serving its registered agent CT Corporation Systems of Dallas Texas Defendant Daimler
Chryslcr Company LLC has entered an appearance in this case as the successor to Daimler
Chrysler Corporation by conversion effective March 31 2007 Dmder Chrysler Corporation
was the successor to Chrysler Corporation by merger in 1998
rIL JURISDICTION VENUE AND STANDING
5 Jurisdiction is proper in the District Court as the amount in contmversy greatly
exceeds the minimal jurisdictional limits of this Court and is within tk maximum jurisdictional
limits of any other state court in Johnson County Texas
6 Venue i s proper in Johnson County pursuant to ~15002(a)(l) and (2) TM CIV
PRAC ampREM CODE in that the event giving rise to this case occurred in Johnson County Texas
and Defendant Davldson resided in Johnson County Texas at the time of the event complained
of Venue is proper as to the remaining Defendants pursuant to 515005 TEX Crv PRAC ampREM
CODE
2
Iv STATUS OF DEFJ3NDANTS
7 At all times material heramp Defendant DC was engaged in the business of
designing manufacturing marketing and distributing automobiles including the vehicle made
the subject of this lawsuit for sale to and for use by members of the general public
V uC2-s
8 On or about February 12 2006 Jennifer Jarmon was operating her 1993 Jeep
Gxand Cherokee Vehicle Identification Number lJ4GZ58S6DC640210 (rhe subject vehicle)
manufactured by DeFendant DC Also in che vehicle were Jennifer and Cassius Jarrnonrsquos two
children Cassidy Jarmon and Calk Jarmon At that time and on that occasion the Jarmon
vehicle was struck in the rear by a 2001 Chevrolet Lumina 4-door sedan being operated by
Jhfendant Davidson Following the impact the Jarmon vehicle came to rest on the road way
and due to a leaking fuel system component a fuel-fed fire immediately began at the tear of the
Jeep Grand Cherokee Although Cassidy Jannoa survived the impact due to the fire that erupted
because of a defective fuel tank in the Jeep vehicle Cassidy was trapped in the second seat of the
Jeep and could not be rescued from the vehicle Flames from the pst-collision fuel-fed fire
entered into the passenger compartment of the Jeep and wed injury to Jennifer J m o n Wie
Jarmon and caused smoke inhalation and thermal injuries to Cassidy Jarmon resulting in her
death
9 Plaintiffs would show that at all times they have performed all conditions
precedent to brin~g this lawsuit and to recover under the various causes of action stated
herein
3
10 At ail material times plaintiffs would show that wherein i t is alleged that
Defendants did did not andor failed to act it may be shown that Defendants acted individually
andor by and through M y authorized employees servants agents andor officers Plaintiffs
would furthex show that at all times material hereto these persons were expressly authorized to
so act or alternatively were acting within the apparent authority andor authority necessarily
implied in order for the agents to perform and exercise the authority expresdy granted Plaintiffs
further allege respondeut superior liability
11 Xn the further alternative and without waiver of the foregoing if ir be shown that
persons purporting to act on Defendantsrsquo behalf as alleged were not so auzhorized then
Defendants have in all things ratified the actions or inactions of those persons and have accepted
the benefits thereof
12 Further in the design markering and distribution of the Jeep Grand Cherokee
the Plaintiffs would show that decisions with regard to the placement of the fuel tank failure to
adequately guard or shieid the fuel tank and in testing and evaluaring the function of the vehicle
fuel rank those agents and employees of Defendant DC were acting in their capacity as vice-
principals
n CAUSES OF ACTION
k Neeligenceo f Defendant Davidson
13 The injuries and damages suffered by the Plantiffs and the death of Cassidy
Jarmon were proximately caused by the negligence of Defendant Davidson in operaring the 200 1
Chevrvlet Lumina at the rime of Ihe OccUrreIlce in question in
a failing to keep a proper lookout to avoid the collision in question
4
b failing to turn his vehicle in a timely manner to avoid the mKsion in question
aud
failing to timely and properly apply his brakes to avoid the collision in question c
a peeelisence of Defendant Rc
14 The injuries and damages suffered by the Phintiffs and the death of Cassidy
Jamon were proximately caused by the negligence of Dcfendant DC in designing testing
assembling supplying and distributing the 1993 Jeep Grand Cherokee sport utility vehicIe
including but not lirmted to the following particulars
a In failing to design the vehicle fuel supply system to be crashworthy
b In fading to design the vehicle in such manner that gasoline would not escape from
the fuel supply systun in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d lo failing to design the fuel supply system in such a manner so 8 to prevent post-
collision fuel fed fins
e In failing to properly test and evaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tmk and delivery system
g In the placement and packaging of the vehiclersquos fuel tamk and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected fromenvironmenral hazards in on and about its surrounding tank
5
j Failing to warn of dangers associated with the design ofthe fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashworthy manner
I Failing ul conduct adequate testing of the design of the fuel supply system for the
subject vehick
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifically of the dargerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to deign market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
q In rbe design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and protection of the fuel tank from
environmental hazards
r In the design of the subjcct vehicle which failed to restrict foreseeable f m from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
6
s In failmg to provide adequate warnings concerning the rear strucrurd cnsh
perfopmaow of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitamp
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing rhe fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within structure of the vehicle
C mitt L i i i t v of Men dant DC
15 Plaintiffs further allege that the 1993 Jeep Grand Cherokee sport utility vehicle
was defective and unsafe for its intended purposes at the time of its design by Defendant DC and
its sale mcVor transfer into the stream of commerce and that at the time Plaintiffs Jennifer
Jarmon and Casius Jannon took possession of the vehicle The 1993 Jeep Grand Cherokee
spxt utility vehicle was in substantially the same condition at the time of the collision involved
in this suit as when it was manufactured and distributed by Defendant DC The Plaintiffs wodd
further show rhat there were safer alternative designs far the subject vehicle fuel containment
system pursuant to 582005(a) and (b) TEX Crv PRAC amp REM CODE The product was
defectively designed and unmsonably dangerous to Plainriffs in that the design of the vehicle
made it unsafe for the following reasons
a In failing to design the vehicle fuel supply system to be crashworthy
7
b Xn failing to design the vehicle in such manner that gasoline would not escape from
the fuel supply system in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d In failing to design the fuel suppIy system in such a manner so as to prevent post-
collision fuel fed fms
e Xn failing to properly test amdevaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placcmcnt and packaging of the vehiclersquos fuel tank and fuel supply system
h h its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failig to wam of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashwoahy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehcle
m In failing to warn of the inadequate testkg of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to thc public in general and to these
8
Plaintiffs and deceased specifically of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
Substantial change after receiving sufficienr knowledge as to the nature of the defects
and the danger to the public
q In the design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and proWion of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
ciashworthy when fitted with a trailer bitch
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
V In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
9
w In designing the fuel tank for the vehicle in such a manner that it was dansrously
exposed to impacts and was not adequately protected within structme of the vehicle
16 Plaintiffs further allege that such defects in the design of the vehicle were a
producing cause of the death of Cassidy Jannon and the injuries and damages sustained by
Plaintiffs
D Breaamp of Imnlied Warrantv of Merchantability
17 The vehicle in question is a good for purposes of Ihe TEX BUS ampCorn CODE
and Defendant JX was a merchant with respect to goods of that kind Defendant DC breached
the implied warranty of merchantability set forth in TEX Bus amp COMM CODE $2314 by
selling amphe vehicle in question when i t was defective that is not fit for the ordinary purposes for
whichsuch goods are used because of the and crashwonhiness deficiencies described more fully
herein Such breach of warranty was a proximare cause of the injuries and damages to Plaintiffs
E lh-eaeh of Warranh of I3 tness for Particular Punmse
18 Defendant DC impliedly warranted to the public generally and specifically to
Plaintiffs that the 1993 Yecp Grand Cherokee was fit for che particular purpose for which the
vehicle was intended Defendant DC at the time of rhe design manufacm and sale of the
vehicle had reason to know of the particular purpose for which the vehicle and its fuel supply
system were required The Plaintiffs relied upon Defendant Ws skill and judgment to selea
and hrnish suitable goods and components The vehicle in question was unfit for the p w s e
for which it was intended to be used in one or more of the following particulars
a In failing to design the vehicle kuel supply s y s m to be crashworthy
b In failing tD design the vehicle in such manner that gasoline would not escape from
tbe fuel supply system in the event of foreseeable collisions
IO
of foreseeable collisions
d In failing to design the fuel supply system in such a manner so as to prevent post-
collision fuel fed fires
e In failing to properly test and evaluate the vehicle
f h fding to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placement and packaging of the vehiclersquos fuel tank and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
locarion on the vehicle that subjected it to hazards associated with the mvironment in
which it was locaLed
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to warn of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrasbworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehicle
m In Failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceaKd specifically of the dangexous propensities of the flawed design
of the fuel supply system on the subject vehicle
11
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfdling its cnmmon law and statutory
obligatiom to provide adequate warnings and to remedy such defects
p In continuing to ampsign market and selI this line of sport utility vehicles without
substantial change atkr receiving sufficient knowledge as to the name of the defects
and the danger to the public
q In the design of rhe subject vehicle which failed to correct serious rear structure
design deficiencies in Iccation mounting and protection of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to resuict foremable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear s t r u c d crash
perfomance of the vehicle when fitted with a traik two hitch
t In fa i l i i to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a tniler hitch
u In failing to design the rear structure of rhe vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing the fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and WBS not adequately protected wirhin structure of the vehicle
12
r
19 Plaintiffs suffered injuries and damages as set forth hereafter as a proximate result
of the breach of this warranty
F ampampreDreSeIlbtiwShiCt Liability Of Defendant DC
20 Plaintiffs allege that Defendant DC was in the business of marketing and selling
automobiles and made misrepresentations to the public of material facts concerning the character
andor quality of the veh~le that i s the subject of this lawsuit Purchasers of the vehicle
justifiably relied upon these misrepresentations that induced and influenced them to purchase and
transport others in the Jeep Grand Cherokee sport utility vehicle including the vehicle in
question As a result Plaintiffs sustained severe traumatic debilitating injuries during the
incident and Cassidy Jannon lost her life Plaintiffs therefore invoke the DoctrinP of Strict
Liability contained in Section 402B of the R E S T A rdquo T (2ND) OF TORTS Furthermore
Plaintiffs allege that these misrepresentations o f material fact were a producing cause of the
injuries and damages sustained by Plaintiffs Defendant DC misrepresented its product as being
safe in spite of the following defects
a In failing to design the vehicle fuel supply system to be crashworthy
b In failing to design the vehicle in such manner that gasoline would not escape from
rhe fuel supply system in the event of foreseeable collisions
c In failing to wnstmct the fuel supply system so that it would contain fuel in the event
of fomeeable collisions
d In failing to design the fuel supply system in such a manner so a$ to prevent post-
collision fuel fed fires
e Xn failing to properly twt and evaluate the vehicle
f ln failing to properly guard or shield the vehiclersquos fuel tank and delivery system
13
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
FARS Encyclopedia Page 1 of 2
2003 Fatality Analysis Reporting System Q VEHICLE LEVEL US Dgrrmtdlm- HamdHphorlTrampSllaty 1Bdwdlm
99-Unknown WMilitaw Vehicle
WTH OTHER VEHICLE
de (Comprbnent Intrusion Unknown)
MTruclTraampr(a) 80-Passenp8r Car (only when
00-Not Applicable Nota
01-VaruEnclosed Box
086rain Chips Gravel
2 0 ~ (seats 9-15 people including d w r ) 21-Bus (seats more than 15 peopklduding
MedlHcavy TruckIBus OQ-POk
httpwww-far n h t s a d o t g o v Q u e r y T o o Y Q 10272010
FARS Encyclopedia Page 2 of 2
SS-Unknorm
Heavy TNCk or Bus Other Carp0 (not codes 01-09 20-21) avy TNCk or Bus Unkn Cargo Ruhl Turn on R W
Men0 Staled) driver BMher AvoidanceManewer
ampNo1 Reported I Inwndusive (by police)
an Amculalad Vehi
httpwww-fars n h t s a d o t g o v Q u e r y T o o V Q a s p x S h o w 10272010
FARS 480273
CAUSE NO 200600134
JENNIFER JARMON and 0 IN THE DISIWCT COURT OF CASSNS JARMON Individually And As Co-Administrators of THE ESTAE OF 5 CASSIDY JARMON Deceased and as 5 Next Friends to C W I E JARMON sect A Minor Child P
0 V sect JOHNSON COUNTY TEXAS
5 DELBERT J DAVJDSON 0 DATMtER CHRYSLER CORPORATION sect and DAIMLER CHRYSER COMPANY LLC 8 413m JUDICIAL DISTRICT
PLAINTIFFSrsquo SECOND AMENDED ORIGIN AL PETITION
TO THE H O N O U B U JUDGE OF SAID COURT
COME NOW Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of Tbe Estate of Cassidy Jarmon Deceased and as Next Friends to Callie
Jarmon a minor child in the above styled and numbered cause of action and file this their
Second Amended Original Petition complaining of Defendant Delbert J Davidson (hereafter
ldquoDavidsonrdquo) Daimler Chrysler Corporation and Daimler Chrysler Company LLC (hereafter
collectively ldquoDCrdquo) and for cause thedore would respectfully show this honorable Court the
following
1 LEVEL 3 DISCOVERY CONTROL PLAN BY COURT ORDER
1 Pursuant to Rule 1901 TM R CIV P Plaintiffs allege that this case is one which
wiU require a discovery control plan tailored to the cvcumstances of the case The Court has
en- a discovery control plan pursuant to Level 3 Rule 1904 TEX R CIV P
II lampKmS
2 Plaintiffs Jennifer and Casius Jamon are individuals residing in Clebume
Johnson County Texas
3 Defendant Demert J Davidson is an individual residing in Johnson County
Texas and has already made au appearance in this case No service is necessary at this time
4 Defendant Daimler Chrysler Corporation is a Miclugan corporation and is
authorized to do business in the State of Texas Process was previously served upon DCC by
serving its registered agent CT Corporation Systems of Dallas Texas Defendant Daimler
Chryslcr Company LLC has entered an appearance in this case as the successor to Daimler
Chrysler Corporation by conversion effective March 31 2007 Dmder Chrysler Corporation
was the successor to Chrysler Corporation by merger in 1998
rIL JURISDICTION VENUE AND STANDING
5 Jurisdiction is proper in the District Court as the amount in contmversy greatly
exceeds the minimal jurisdictional limits of this Court and is within tk maximum jurisdictional
limits of any other state court in Johnson County Texas
6 Venue i s proper in Johnson County pursuant to ~15002(a)(l) and (2) TM CIV
PRAC ampREM CODE in that the event giving rise to this case occurred in Johnson County Texas
and Defendant Davldson resided in Johnson County Texas at the time of the event complained
of Venue is proper as to the remaining Defendants pursuant to 515005 TEX Crv PRAC ampREM
CODE
2
Iv STATUS OF DEFJ3NDANTS
7 At all times material heramp Defendant DC was engaged in the business of
designing manufacturing marketing and distributing automobiles including the vehicle made
the subject of this lawsuit for sale to and for use by members of the general public
V uC2-s
8 On or about February 12 2006 Jennifer Jarmon was operating her 1993 Jeep
Gxand Cherokee Vehicle Identification Number lJ4GZ58S6DC640210 (rhe subject vehicle)
manufactured by DeFendant DC Also in che vehicle were Jennifer and Cassius Jarrnonrsquos two
children Cassidy Jarmon and Calk Jarmon At that time and on that occasion the Jarmon
vehicle was struck in the rear by a 2001 Chevrolet Lumina 4-door sedan being operated by
Jhfendant Davidson Following the impact the Jarmon vehicle came to rest on the road way
and due to a leaking fuel system component a fuel-fed fire immediately began at the tear of the
Jeep Grand Cherokee Although Cassidy Jannoa survived the impact due to the fire that erupted
because of a defective fuel tank in the Jeep vehicle Cassidy was trapped in the second seat of the
Jeep and could not be rescued from the vehicle Flames from the pst-collision fuel-fed fire
entered into the passenger compartment of the Jeep and wed injury to Jennifer J m o n Wie
Jarmon and caused smoke inhalation and thermal injuries to Cassidy Jarmon resulting in her
death
9 Plaintiffs would show that at all times they have performed all conditions
precedent to brin~g this lawsuit and to recover under the various causes of action stated
herein
3
10 At ail material times plaintiffs would show that wherein i t is alleged that
Defendants did did not andor failed to act it may be shown that Defendants acted individually
andor by and through M y authorized employees servants agents andor officers Plaintiffs
would furthex show that at all times material hereto these persons were expressly authorized to
so act or alternatively were acting within the apparent authority andor authority necessarily
implied in order for the agents to perform and exercise the authority expresdy granted Plaintiffs
further allege respondeut superior liability
11 Xn the further alternative and without waiver of the foregoing if ir be shown that
persons purporting to act on Defendantsrsquo behalf as alleged were not so auzhorized then
Defendants have in all things ratified the actions or inactions of those persons and have accepted
the benefits thereof
12 Further in the design markering and distribution of the Jeep Grand Cherokee
the Plaintiffs would show that decisions with regard to the placement of the fuel tank failure to
adequately guard or shieid the fuel tank and in testing and evaluaring the function of the vehicle
fuel rank those agents and employees of Defendant DC were acting in their capacity as vice-
principals
n CAUSES OF ACTION
k Neeligenceo f Defendant Davidson
13 The injuries and damages suffered by the Plantiffs and the death of Cassidy
Jarmon were proximately caused by the negligence of Defendant Davidson in operaring the 200 1
Chevrvlet Lumina at the rime of Ihe OccUrreIlce in question in
a failing to keep a proper lookout to avoid the collision in question
4
b failing to turn his vehicle in a timely manner to avoid the mKsion in question
aud
failing to timely and properly apply his brakes to avoid the collision in question c
a peeelisence of Defendant Rc
14 The injuries and damages suffered by the Phintiffs and the death of Cassidy
Jamon were proximately caused by the negligence of Dcfendant DC in designing testing
assembling supplying and distributing the 1993 Jeep Grand Cherokee sport utility vehicIe
including but not lirmted to the following particulars
a In failing to design the vehicle fuel supply system to be crashworthy
b In fading to design the vehicle in such manner that gasoline would not escape from
the fuel supply systun in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d lo failing to design the fuel supply system in such a manner so 8 to prevent post-
collision fuel fed fins
e In failing to properly test and evaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tmk and delivery system
g In the placement and packaging of the vehiclersquos fuel tamk and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected fromenvironmenral hazards in on and about its surrounding tank
5
j Failing to warn of dangers associated with the design ofthe fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashworthy manner
I Failing ul conduct adequate testing of the design of the fuel supply system for the
subject vehick
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifically of the dargerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to deign market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
q In rbe design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and protection of the fuel tank from
environmental hazards
r In the design of the subjcct vehicle which failed to restrict foreseeable f m from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
6
s In failmg to provide adequate warnings concerning the rear strucrurd cnsh
perfopmaow of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitamp
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing rhe fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within structure of the vehicle
C mitt L i i i t v of Men dant DC
15 Plaintiffs further allege that the 1993 Jeep Grand Cherokee sport utility vehicle
was defective and unsafe for its intended purposes at the time of its design by Defendant DC and
its sale mcVor transfer into the stream of commerce and that at the time Plaintiffs Jennifer
Jarmon and Casius Jannon took possession of the vehicle The 1993 Jeep Grand Cherokee
spxt utility vehicle was in substantially the same condition at the time of the collision involved
in this suit as when it was manufactured and distributed by Defendant DC The Plaintiffs wodd
further show rhat there were safer alternative designs far the subject vehicle fuel containment
system pursuant to 582005(a) and (b) TEX Crv PRAC amp REM CODE The product was
defectively designed and unmsonably dangerous to Plainriffs in that the design of the vehicle
made it unsafe for the following reasons
a In failing to design the vehicle fuel supply system to be crashworthy
7
b Xn failing to design the vehicle in such manner that gasoline would not escape from
the fuel supply system in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d In failing to design the fuel suppIy system in such a manner so as to prevent post-
collision fuel fed fms
e Xn failing to properly test amdevaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placcmcnt and packaging of the vehiclersquos fuel tank and fuel supply system
h h its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failig to wam of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashwoahy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehcle
m In failing to warn of the inadequate testkg of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to thc public in general and to these
8
Plaintiffs and deceased specifically of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
Substantial change after receiving sufficienr knowledge as to the nature of the defects
and the danger to the public
q In the design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and proWion of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
ciashworthy when fitted with a trailer bitch
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
V In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
9
w In designing the fuel tank for the vehicle in such a manner that it was dansrously
exposed to impacts and was not adequately protected within structme of the vehicle
16 Plaintiffs further allege that such defects in the design of the vehicle were a
producing cause of the death of Cassidy Jannon and the injuries and damages sustained by
Plaintiffs
D Breaamp of Imnlied Warrantv of Merchantability
17 The vehicle in question is a good for purposes of Ihe TEX BUS ampCorn CODE
and Defendant JX was a merchant with respect to goods of that kind Defendant DC breached
the implied warranty of merchantability set forth in TEX Bus amp COMM CODE $2314 by
selling amphe vehicle in question when i t was defective that is not fit for the ordinary purposes for
whichsuch goods are used because of the and crashwonhiness deficiencies described more fully
herein Such breach of warranty was a proximare cause of the injuries and damages to Plaintiffs
E lh-eaeh of Warranh of I3 tness for Particular Punmse
18 Defendant DC impliedly warranted to the public generally and specifically to
Plaintiffs that the 1993 Yecp Grand Cherokee was fit for che particular purpose for which the
vehicle was intended Defendant DC at the time of rhe design manufacm and sale of the
vehicle had reason to know of the particular purpose for which the vehicle and its fuel supply
system were required The Plaintiffs relied upon Defendant Ws skill and judgment to selea
and hrnish suitable goods and components The vehicle in question was unfit for the p w s e
for which it was intended to be used in one or more of the following particulars
a In failing to design the vehicle kuel supply s y s m to be crashworthy
b In failing tD design the vehicle in such manner that gasoline would not escape from
tbe fuel supply system in the event of foreseeable collisions
IO
of foreseeable collisions
d In failing to design the fuel supply system in such a manner so as to prevent post-
collision fuel fed fires
e In failing to properly test and evaluate the vehicle
f h fding to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placement and packaging of the vehiclersquos fuel tank and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
locarion on the vehicle that subjected it to hazards associated with the mvironment in
which it was locaLed
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to warn of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrasbworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehicle
m In Failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceaKd specifically of the dangexous propensities of the flawed design
of the fuel supply system on the subject vehicle
11
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfdling its cnmmon law and statutory
obligatiom to provide adequate warnings and to remedy such defects
p In continuing to ampsign market and selI this line of sport utility vehicles without
substantial change atkr receiving sufficient knowledge as to the name of the defects
and the danger to the public
q In the design of rhe subject vehicle which failed to correct serious rear structure
design deficiencies in Iccation mounting and protection of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to resuict foremable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear s t r u c d crash
perfomance of the vehicle when fitted with a traik two hitch
t In fa i l i i to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a tniler hitch
u In failing to design the rear structure of rhe vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing the fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and WBS not adequately protected wirhin structure of the vehicle
12
r
19 Plaintiffs suffered injuries and damages as set forth hereafter as a proximate result
of the breach of this warranty
F ampampreDreSeIlbtiwShiCt Liability Of Defendant DC
20 Plaintiffs allege that Defendant DC was in the business of marketing and selling
automobiles and made misrepresentations to the public of material facts concerning the character
andor quality of the veh~le that i s the subject of this lawsuit Purchasers of the vehicle
justifiably relied upon these misrepresentations that induced and influenced them to purchase and
transport others in the Jeep Grand Cherokee sport utility vehicle including the vehicle in
question As a result Plaintiffs sustained severe traumatic debilitating injuries during the
incident and Cassidy Jannon lost her life Plaintiffs therefore invoke the DoctrinP of Strict
Liability contained in Section 402B of the R E S T A rdquo T (2ND) OF TORTS Furthermore
Plaintiffs allege that these misrepresentations o f material fact were a producing cause of the
injuries and damages sustained by Plaintiffs Defendant DC misrepresented its product as being
safe in spite of the following defects
a In failing to design the vehicle fuel supply system to be crashworthy
b In failing to design the vehicle in such manner that gasoline would not escape from
rhe fuel supply system in the event of foreseeable collisions
c In failing to wnstmct the fuel supply system so that it would contain fuel in the event
of fomeeable collisions
d In failing to design the fuel supply system in such a manner so a$ to prevent post-
collision fuel fed fires
e Xn failing to properly twt and evaluate the vehicle
f ln failing to properly guard or shield the vehiclersquos fuel tank and delivery system
13
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
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D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
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WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
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Adud Value Except
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FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
FARS Encyclopedia Page 2 of 2
SS-Unknorm
Heavy TNCk or Bus Other Carp0 (not codes 01-09 20-21) avy TNCk or Bus Unkn Cargo Ruhl Turn on R W
Men0 Staled) driver BMher AvoidanceManewer
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an Amculalad Vehi
httpwww-fars n h t s a d o t g o v Q u e r y T o o V Q a s p x S h o w 10272010
FARS 480273
CAUSE NO 200600134
JENNIFER JARMON and 0 IN THE DISIWCT COURT OF CASSNS JARMON Individually And As Co-Administrators of THE ESTAE OF 5 CASSIDY JARMON Deceased and as 5 Next Friends to C W I E JARMON sect A Minor Child P
0 V sect JOHNSON COUNTY TEXAS
5 DELBERT J DAVJDSON 0 DATMtER CHRYSLER CORPORATION sect and DAIMLER CHRYSER COMPANY LLC 8 413m JUDICIAL DISTRICT
PLAINTIFFSrsquo SECOND AMENDED ORIGIN AL PETITION
TO THE H O N O U B U JUDGE OF SAID COURT
COME NOW Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of Tbe Estate of Cassidy Jarmon Deceased and as Next Friends to Callie
Jarmon a minor child in the above styled and numbered cause of action and file this their
Second Amended Original Petition complaining of Defendant Delbert J Davidson (hereafter
ldquoDavidsonrdquo) Daimler Chrysler Corporation and Daimler Chrysler Company LLC (hereafter
collectively ldquoDCrdquo) and for cause thedore would respectfully show this honorable Court the
following
1 LEVEL 3 DISCOVERY CONTROL PLAN BY COURT ORDER
1 Pursuant to Rule 1901 TM R CIV P Plaintiffs allege that this case is one which
wiU require a discovery control plan tailored to the cvcumstances of the case The Court has
en- a discovery control plan pursuant to Level 3 Rule 1904 TEX R CIV P
II lampKmS
2 Plaintiffs Jennifer and Casius Jamon are individuals residing in Clebume
Johnson County Texas
3 Defendant Demert J Davidson is an individual residing in Johnson County
Texas and has already made au appearance in this case No service is necessary at this time
4 Defendant Daimler Chrysler Corporation is a Miclugan corporation and is
authorized to do business in the State of Texas Process was previously served upon DCC by
serving its registered agent CT Corporation Systems of Dallas Texas Defendant Daimler
Chryslcr Company LLC has entered an appearance in this case as the successor to Daimler
Chrysler Corporation by conversion effective March 31 2007 Dmder Chrysler Corporation
was the successor to Chrysler Corporation by merger in 1998
rIL JURISDICTION VENUE AND STANDING
5 Jurisdiction is proper in the District Court as the amount in contmversy greatly
exceeds the minimal jurisdictional limits of this Court and is within tk maximum jurisdictional
limits of any other state court in Johnson County Texas
6 Venue i s proper in Johnson County pursuant to ~15002(a)(l) and (2) TM CIV
PRAC ampREM CODE in that the event giving rise to this case occurred in Johnson County Texas
and Defendant Davldson resided in Johnson County Texas at the time of the event complained
of Venue is proper as to the remaining Defendants pursuant to 515005 TEX Crv PRAC ampREM
CODE
2
Iv STATUS OF DEFJ3NDANTS
7 At all times material heramp Defendant DC was engaged in the business of
designing manufacturing marketing and distributing automobiles including the vehicle made
the subject of this lawsuit for sale to and for use by members of the general public
V uC2-s
8 On or about February 12 2006 Jennifer Jarmon was operating her 1993 Jeep
Gxand Cherokee Vehicle Identification Number lJ4GZ58S6DC640210 (rhe subject vehicle)
manufactured by DeFendant DC Also in che vehicle were Jennifer and Cassius Jarrnonrsquos two
children Cassidy Jarmon and Calk Jarmon At that time and on that occasion the Jarmon
vehicle was struck in the rear by a 2001 Chevrolet Lumina 4-door sedan being operated by
Jhfendant Davidson Following the impact the Jarmon vehicle came to rest on the road way
and due to a leaking fuel system component a fuel-fed fire immediately began at the tear of the
Jeep Grand Cherokee Although Cassidy Jannoa survived the impact due to the fire that erupted
because of a defective fuel tank in the Jeep vehicle Cassidy was trapped in the second seat of the
Jeep and could not be rescued from the vehicle Flames from the pst-collision fuel-fed fire
entered into the passenger compartment of the Jeep and wed injury to Jennifer J m o n Wie
Jarmon and caused smoke inhalation and thermal injuries to Cassidy Jarmon resulting in her
death
9 Plaintiffs would show that at all times they have performed all conditions
precedent to brin~g this lawsuit and to recover under the various causes of action stated
herein
3
10 At ail material times plaintiffs would show that wherein i t is alleged that
Defendants did did not andor failed to act it may be shown that Defendants acted individually
andor by and through M y authorized employees servants agents andor officers Plaintiffs
would furthex show that at all times material hereto these persons were expressly authorized to
so act or alternatively were acting within the apparent authority andor authority necessarily
implied in order for the agents to perform and exercise the authority expresdy granted Plaintiffs
further allege respondeut superior liability
11 Xn the further alternative and without waiver of the foregoing if ir be shown that
persons purporting to act on Defendantsrsquo behalf as alleged were not so auzhorized then
Defendants have in all things ratified the actions or inactions of those persons and have accepted
the benefits thereof
12 Further in the design markering and distribution of the Jeep Grand Cherokee
the Plaintiffs would show that decisions with regard to the placement of the fuel tank failure to
adequately guard or shieid the fuel tank and in testing and evaluaring the function of the vehicle
fuel rank those agents and employees of Defendant DC were acting in their capacity as vice-
principals
n CAUSES OF ACTION
k Neeligenceo f Defendant Davidson
13 The injuries and damages suffered by the Plantiffs and the death of Cassidy
Jarmon were proximately caused by the negligence of Defendant Davidson in operaring the 200 1
Chevrvlet Lumina at the rime of Ihe OccUrreIlce in question in
a failing to keep a proper lookout to avoid the collision in question
4
b failing to turn his vehicle in a timely manner to avoid the mKsion in question
aud
failing to timely and properly apply his brakes to avoid the collision in question c
a peeelisence of Defendant Rc
14 The injuries and damages suffered by the Phintiffs and the death of Cassidy
Jamon were proximately caused by the negligence of Dcfendant DC in designing testing
assembling supplying and distributing the 1993 Jeep Grand Cherokee sport utility vehicIe
including but not lirmted to the following particulars
a In failing to design the vehicle fuel supply system to be crashworthy
b In fading to design the vehicle in such manner that gasoline would not escape from
the fuel supply systun in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d lo failing to design the fuel supply system in such a manner so 8 to prevent post-
collision fuel fed fins
e In failing to properly test and evaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tmk and delivery system
g In the placement and packaging of the vehiclersquos fuel tamk and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected fromenvironmenral hazards in on and about its surrounding tank
5
j Failing to warn of dangers associated with the design ofthe fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashworthy manner
I Failing ul conduct adequate testing of the design of the fuel supply system for the
subject vehick
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifically of the dargerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to deign market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
q In rbe design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and protection of the fuel tank from
environmental hazards
r In the design of the subjcct vehicle which failed to restrict foreseeable f m from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
6
s In failmg to provide adequate warnings concerning the rear strucrurd cnsh
perfopmaow of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitamp
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing rhe fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within structure of the vehicle
C mitt L i i i t v of Men dant DC
15 Plaintiffs further allege that the 1993 Jeep Grand Cherokee sport utility vehicle
was defective and unsafe for its intended purposes at the time of its design by Defendant DC and
its sale mcVor transfer into the stream of commerce and that at the time Plaintiffs Jennifer
Jarmon and Casius Jannon took possession of the vehicle The 1993 Jeep Grand Cherokee
spxt utility vehicle was in substantially the same condition at the time of the collision involved
in this suit as when it was manufactured and distributed by Defendant DC The Plaintiffs wodd
further show rhat there were safer alternative designs far the subject vehicle fuel containment
system pursuant to 582005(a) and (b) TEX Crv PRAC amp REM CODE The product was
defectively designed and unmsonably dangerous to Plainriffs in that the design of the vehicle
made it unsafe for the following reasons
a In failing to design the vehicle fuel supply system to be crashworthy
7
b Xn failing to design the vehicle in such manner that gasoline would not escape from
the fuel supply system in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d In failing to design the fuel suppIy system in such a manner so as to prevent post-
collision fuel fed fms
e Xn failing to properly test amdevaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placcmcnt and packaging of the vehiclersquos fuel tank and fuel supply system
h h its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failig to wam of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashwoahy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehcle
m In failing to warn of the inadequate testkg of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to thc public in general and to these
8
Plaintiffs and deceased specifically of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
Substantial change after receiving sufficienr knowledge as to the nature of the defects
and the danger to the public
q In the design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and proWion of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
ciashworthy when fitted with a trailer bitch
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
V In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
9
w In designing the fuel tank for the vehicle in such a manner that it was dansrously
exposed to impacts and was not adequately protected within structme of the vehicle
16 Plaintiffs further allege that such defects in the design of the vehicle were a
producing cause of the death of Cassidy Jannon and the injuries and damages sustained by
Plaintiffs
D Breaamp of Imnlied Warrantv of Merchantability
17 The vehicle in question is a good for purposes of Ihe TEX BUS ampCorn CODE
and Defendant JX was a merchant with respect to goods of that kind Defendant DC breached
the implied warranty of merchantability set forth in TEX Bus amp COMM CODE $2314 by
selling amphe vehicle in question when i t was defective that is not fit for the ordinary purposes for
whichsuch goods are used because of the and crashwonhiness deficiencies described more fully
herein Such breach of warranty was a proximare cause of the injuries and damages to Plaintiffs
E lh-eaeh of Warranh of I3 tness for Particular Punmse
18 Defendant DC impliedly warranted to the public generally and specifically to
Plaintiffs that the 1993 Yecp Grand Cherokee was fit for che particular purpose for which the
vehicle was intended Defendant DC at the time of rhe design manufacm and sale of the
vehicle had reason to know of the particular purpose for which the vehicle and its fuel supply
system were required The Plaintiffs relied upon Defendant Ws skill and judgment to selea
and hrnish suitable goods and components The vehicle in question was unfit for the p w s e
for which it was intended to be used in one or more of the following particulars
a In failing to design the vehicle kuel supply s y s m to be crashworthy
b In failing tD design the vehicle in such manner that gasoline would not escape from
tbe fuel supply system in the event of foreseeable collisions
IO
of foreseeable collisions
d In failing to design the fuel supply system in such a manner so as to prevent post-
collision fuel fed fires
e In failing to properly test and evaluate the vehicle
f h fding to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placement and packaging of the vehiclersquos fuel tank and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
locarion on the vehicle that subjected it to hazards associated with the mvironment in
which it was locaLed
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to warn of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrasbworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehicle
m In Failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceaKd specifically of the dangexous propensities of the flawed design
of the fuel supply system on the subject vehicle
11
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfdling its cnmmon law and statutory
obligatiom to provide adequate warnings and to remedy such defects
p In continuing to ampsign market and selI this line of sport utility vehicles without
substantial change atkr receiving sufficient knowledge as to the name of the defects
and the danger to the public
q In the design of rhe subject vehicle which failed to correct serious rear structure
design deficiencies in Iccation mounting and protection of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to resuict foremable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear s t r u c d crash
perfomance of the vehicle when fitted with a traik two hitch
t In fa i l i i to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a tniler hitch
u In failing to design the rear structure of rhe vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing the fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and WBS not adequately protected wirhin structure of the vehicle
12
r
19 Plaintiffs suffered injuries and damages as set forth hereafter as a proximate result
of the breach of this warranty
F ampampreDreSeIlbtiwShiCt Liability Of Defendant DC
20 Plaintiffs allege that Defendant DC was in the business of marketing and selling
automobiles and made misrepresentations to the public of material facts concerning the character
andor quality of the veh~le that i s the subject of this lawsuit Purchasers of the vehicle
justifiably relied upon these misrepresentations that induced and influenced them to purchase and
transport others in the Jeep Grand Cherokee sport utility vehicle including the vehicle in
question As a result Plaintiffs sustained severe traumatic debilitating injuries during the
incident and Cassidy Jannon lost her life Plaintiffs therefore invoke the DoctrinP of Strict
Liability contained in Section 402B of the R E S T A rdquo T (2ND) OF TORTS Furthermore
Plaintiffs allege that these misrepresentations o f material fact were a producing cause of the
injuries and damages sustained by Plaintiffs Defendant DC misrepresented its product as being
safe in spite of the following defects
a In failing to design the vehicle fuel supply system to be crashworthy
b In failing to design the vehicle in such manner that gasoline would not escape from
rhe fuel supply system in the event of foreseeable collisions
c In failing to wnstmct the fuel supply system so that it would contain fuel in the event
of fomeeable collisions
d In failing to design the fuel supply system in such a manner so a$ to prevent post-
collision fuel fed fires
e Xn failing to properly twt and evaluate the vehicle
f ln failing to properly guard or shield the vehiclersquos fuel tank and delivery system
13
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
FARS 480273
CAUSE NO 200600134
JENNIFER JARMON and 0 IN THE DISIWCT COURT OF CASSNS JARMON Individually And As Co-Administrators of THE ESTAE OF 5 CASSIDY JARMON Deceased and as 5 Next Friends to C W I E JARMON sect A Minor Child P
0 V sect JOHNSON COUNTY TEXAS
5 DELBERT J DAVJDSON 0 DATMtER CHRYSLER CORPORATION sect and DAIMLER CHRYSER COMPANY LLC 8 413m JUDICIAL DISTRICT
PLAINTIFFSrsquo SECOND AMENDED ORIGIN AL PETITION
TO THE H O N O U B U JUDGE OF SAID COURT
COME NOW Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of Tbe Estate of Cassidy Jarmon Deceased and as Next Friends to Callie
Jarmon a minor child in the above styled and numbered cause of action and file this their
Second Amended Original Petition complaining of Defendant Delbert J Davidson (hereafter
ldquoDavidsonrdquo) Daimler Chrysler Corporation and Daimler Chrysler Company LLC (hereafter
collectively ldquoDCrdquo) and for cause thedore would respectfully show this honorable Court the
following
1 LEVEL 3 DISCOVERY CONTROL PLAN BY COURT ORDER
1 Pursuant to Rule 1901 TM R CIV P Plaintiffs allege that this case is one which
wiU require a discovery control plan tailored to the cvcumstances of the case The Court has
en- a discovery control plan pursuant to Level 3 Rule 1904 TEX R CIV P
II lampKmS
2 Plaintiffs Jennifer and Casius Jamon are individuals residing in Clebume
Johnson County Texas
3 Defendant Demert J Davidson is an individual residing in Johnson County
Texas and has already made au appearance in this case No service is necessary at this time
4 Defendant Daimler Chrysler Corporation is a Miclugan corporation and is
authorized to do business in the State of Texas Process was previously served upon DCC by
serving its registered agent CT Corporation Systems of Dallas Texas Defendant Daimler
Chryslcr Company LLC has entered an appearance in this case as the successor to Daimler
Chrysler Corporation by conversion effective March 31 2007 Dmder Chrysler Corporation
was the successor to Chrysler Corporation by merger in 1998
rIL JURISDICTION VENUE AND STANDING
5 Jurisdiction is proper in the District Court as the amount in contmversy greatly
exceeds the minimal jurisdictional limits of this Court and is within tk maximum jurisdictional
limits of any other state court in Johnson County Texas
6 Venue i s proper in Johnson County pursuant to ~15002(a)(l) and (2) TM CIV
PRAC ampREM CODE in that the event giving rise to this case occurred in Johnson County Texas
and Defendant Davldson resided in Johnson County Texas at the time of the event complained
of Venue is proper as to the remaining Defendants pursuant to 515005 TEX Crv PRAC ampREM
CODE
2
Iv STATUS OF DEFJ3NDANTS
7 At all times material heramp Defendant DC was engaged in the business of
designing manufacturing marketing and distributing automobiles including the vehicle made
the subject of this lawsuit for sale to and for use by members of the general public
V uC2-s
8 On or about February 12 2006 Jennifer Jarmon was operating her 1993 Jeep
Gxand Cherokee Vehicle Identification Number lJ4GZ58S6DC640210 (rhe subject vehicle)
manufactured by DeFendant DC Also in che vehicle were Jennifer and Cassius Jarrnonrsquos two
children Cassidy Jarmon and Calk Jarmon At that time and on that occasion the Jarmon
vehicle was struck in the rear by a 2001 Chevrolet Lumina 4-door sedan being operated by
Jhfendant Davidson Following the impact the Jarmon vehicle came to rest on the road way
and due to a leaking fuel system component a fuel-fed fire immediately began at the tear of the
Jeep Grand Cherokee Although Cassidy Jannoa survived the impact due to the fire that erupted
because of a defective fuel tank in the Jeep vehicle Cassidy was trapped in the second seat of the
Jeep and could not be rescued from the vehicle Flames from the pst-collision fuel-fed fire
entered into the passenger compartment of the Jeep and wed injury to Jennifer J m o n Wie
Jarmon and caused smoke inhalation and thermal injuries to Cassidy Jarmon resulting in her
death
9 Plaintiffs would show that at all times they have performed all conditions
precedent to brin~g this lawsuit and to recover under the various causes of action stated
herein
3
10 At ail material times plaintiffs would show that wherein i t is alleged that
Defendants did did not andor failed to act it may be shown that Defendants acted individually
andor by and through M y authorized employees servants agents andor officers Plaintiffs
would furthex show that at all times material hereto these persons were expressly authorized to
so act or alternatively were acting within the apparent authority andor authority necessarily
implied in order for the agents to perform and exercise the authority expresdy granted Plaintiffs
further allege respondeut superior liability
11 Xn the further alternative and without waiver of the foregoing if ir be shown that
persons purporting to act on Defendantsrsquo behalf as alleged were not so auzhorized then
Defendants have in all things ratified the actions or inactions of those persons and have accepted
the benefits thereof
12 Further in the design markering and distribution of the Jeep Grand Cherokee
the Plaintiffs would show that decisions with regard to the placement of the fuel tank failure to
adequately guard or shieid the fuel tank and in testing and evaluaring the function of the vehicle
fuel rank those agents and employees of Defendant DC were acting in their capacity as vice-
principals
n CAUSES OF ACTION
k Neeligenceo f Defendant Davidson
13 The injuries and damages suffered by the Plantiffs and the death of Cassidy
Jarmon were proximately caused by the negligence of Defendant Davidson in operaring the 200 1
Chevrvlet Lumina at the rime of Ihe OccUrreIlce in question in
a failing to keep a proper lookout to avoid the collision in question
4
b failing to turn his vehicle in a timely manner to avoid the mKsion in question
aud
failing to timely and properly apply his brakes to avoid the collision in question c
a peeelisence of Defendant Rc
14 The injuries and damages suffered by the Phintiffs and the death of Cassidy
Jamon were proximately caused by the negligence of Dcfendant DC in designing testing
assembling supplying and distributing the 1993 Jeep Grand Cherokee sport utility vehicIe
including but not lirmted to the following particulars
a In failing to design the vehicle fuel supply system to be crashworthy
b In fading to design the vehicle in such manner that gasoline would not escape from
the fuel supply systun in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d lo failing to design the fuel supply system in such a manner so 8 to prevent post-
collision fuel fed fins
e In failing to properly test and evaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tmk and delivery system
g In the placement and packaging of the vehiclersquos fuel tamk and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected fromenvironmenral hazards in on and about its surrounding tank
5
j Failing to warn of dangers associated with the design ofthe fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashworthy manner
I Failing ul conduct adequate testing of the design of the fuel supply system for the
subject vehick
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifically of the dargerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to deign market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
q In rbe design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and protection of the fuel tank from
environmental hazards
r In the design of the subjcct vehicle which failed to restrict foreseeable f m from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
6
s In failmg to provide adequate warnings concerning the rear strucrurd cnsh
perfopmaow of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitamp
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing rhe fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within structure of the vehicle
C mitt L i i i t v of Men dant DC
15 Plaintiffs further allege that the 1993 Jeep Grand Cherokee sport utility vehicle
was defective and unsafe for its intended purposes at the time of its design by Defendant DC and
its sale mcVor transfer into the stream of commerce and that at the time Plaintiffs Jennifer
Jarmon and Casius Jannon took possession of the vehicle The 1993 Jeep Grand Cherokee
spxt utility vehicle was in substantially the same condition at the time of the collision involved
in this suit as when it was manufactured and distributed by Defendant DC The Plaintiffs wodd
further show rhat there were safer alternative designs far the subject vehicle fuel containment
system pursuant to 582005(a) and (b) TEX Crv PRAC amp REM CODE The product was
defectively designed and unmsonably dangerous to Plainriffs in that the design of the vehicle
made it unsafe for the following reasons
a In failing to design the vehicle fuel supply system to be crashworthy
7
b Xn failing to design the vehicle in such manner that gasoline would not escape from
the fuel supply system in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d In failing to design the fuel suppIy system in such a manner so as to prevent post-
collision fuel fed fms
e Xn failing to properly test amdevaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placcmcnt and packaging of the vehiclersquos fuel tank and fuel supply system
h h its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failig to wam of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashwoahy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehcle
m In failing to warn of the inadequate testkg of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to thc public in general and to these
8
Plaintiffs and deceased specifically of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
Substantial change after receiving sufficienr knowledge as to the nature of the defects
and the danger to the public
q In the design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and proWion of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
ciashworthy when fitted with a trailer bitch
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
V In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
9
w In designing the fuel tank for the vehicle in such a manner that it was dansrously
exposed to impacts and was not adequately protected within structme of the vehicle
16 Plaintiffs further allege that such defects in the design of the vehicle were a
producing cause of the death of Cassidy Jannon and the injuries and damages sustained by
Plaintiffs
D Breaamp of Imnlied Warrantv of Merchantability
17 The vehicle in question is a good for purposes of Ihe TEX BUS ampCorn CODE
and Defendant JX was a merchant with respect to goods of that kind Defendant DC breached
the implied warranty of merchantability set forth in TEX Bus amp COMM CODE $2314 by
selling amphe vehicle in question when i t was defective that is not fit for the ordinary purposes for
whichsuch goods are used because of the and crashwonhiness deficiencies described more fully
herein Such breach of warranty was a proximare cause of the injuries and damages to Plaintiffs
E lh-eaeh of Warranh of I3 tness for Particular Punmse
18 Defendant DC impliedly warranted to the public generally and specifically to
Plaintiffs that the 1993 Yecp Grand Cherokee was fit for che particular purpose for which the
vehicle was intended Defendant DC at the time of rhe design manufacm and sale of the
vehicle had reason to know of the particular purpose for which the vehicle and its fuel supply
system were required The Plaintiffs relied upon Defendant Ws skill and judgment to selea
and hrnish suitable goods and components The vehicle in question was unfit for the p w s e
for which it was intended to be used in one or more of the following particulars
a In failing to design the vehicle kuel supply s y s m to be crashworthy
b In failing tD design the vehicle in such manner that gasoline would not escape from
tbe fuel supply system in the event of foreseeable collisions
IO
of foreseeable collisions
d In failing to design the fuel supply system in such a manner so as to prevent post-
collision fuel fed fires
e In failing to properly test and evaluate the vehicle
f h fding to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placement and packaging of the vehiclersquos fuel tank and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
locarion on the vehicle that subjected it to hazards associated with the mvironment in
which it was locaLed
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to warn of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrasbworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehicle
m In Failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceaKd specifically of the dangexous propensities of the flawed design
of the fuel supply system on the subject vehicle
11
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfdling its cnmmon law and statutory
obligatiom to provide adequate warnings and to remedy such defects
p In continuing to ampsign market and selI this line of sport utility vehicles without
substantial change atkr receiving sufficient knowledge as to the name of the defects
and the danger to the public
q In the design of rhe subject vehicle which failed to correct serious rear structure
design deficiencies in Iccation mounting and protection of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to resuict foremable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear s t r u c d crash
perfomance of the vehicle when fitted with a traik two hitch
t In fa i l i i to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a tniler hitch
u In failing to design the rear structure of rhe vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing the fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and WBS not adequately protected wirhin structure of the vehicle
12
r
19 Plaintiffs suffered injuries and damages as set forth hereafter as a proximate result
of the breach of this warranty
F ampampreDreSeIlbtiwShiCt Liability Of Defendant DC
20 Plaintiffs allege that Defendant DC was in the business of marketing and selling
automobiles and made misrepresentations to the public of material facts concerning the character
andor quality of the veh~le that i s the subject of this lawsuit Purchasers of the vehicle
justifiably relied upon these misrepresentations that induced and influenced them to purchase and
transport others in the Jeep Grand Cherokee sport utility vehicle including the vehicle in
question As a result Plaintiffs sustained severe traumatic debilitating injuries during the
incident and Cassidy Jannon lost her life Plaintiffs therefore invoke the DoctrinP of Strict
Liability contained in Section 402B of the R E S T A rdquo T (2ND) OF TORTS Furthermore
Plaintiffs allege that these misrepresentations o f material fact were a producing cause of the
injuries and damages sustained by Plaintiffs Defendant DC misrepresented its product as being
safe in spite of the following defects
a In failing to design the vehicle fuel supply system to be crashworthy
b In failing to design the vehicle in such manner that gasoline would not escape from
rhe fuel supply system in the event of foreseeable collisions
c In failing to wnstmct the fuel supply system so that it would contain fuel in the event
of fomeeable collisions
d In failing to design the fuel supply system in such a manner so a$ to prevent post-
collision fuel fed fires
e Xn failing to properly twt and evaluate the vehicle
f ln failing to properly guard or shield the vehiclersquos fuel tank and delivery system
13
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
CAUSE NO 200600134
JENNIFER JARMON and 0 IN THE DISIWCT COURT OF CASSNS JARMON Individually And As Co-Administrators of THE ESTAE OF 5 CASSIDY JARMON Deceased and as 5 Next Friends to C W I E JARMON sect A Minor Child P
0 V sect JOHNSON COUNTY TEXAS
5 DELBERT J DAVJDSON 0 DATMtER CHRYSLER CORPORATION sect and DAIMLER CHRYSER COMPANY LLC 8 413m JUDICIAL DISTRICT
PLAINTIFFSrsquo SECOND AMENDED ORIGIN AL PETITION
TO THE H O N O U B U JUDGE OF SAID COURT
COME NOW Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of Tbe Estate of Cassidy Jarmon Deceased and as Next Friends to Callie
Jarmon a minor child in the above styled and numbered cause of action and file this their
Second Amended Original Petition complaining of Defendant Delbert J Davidson (hereafter
ldquoDavidsonrdquo) Daimler Chrysler Corporation and Daimler Chrysler Company LLC (hereafter
collectively ldquoDCrdquo) and for cause thedore would respectfully show this honorable Court the
following
1 LEVEL 3 DISCOVERY CONTROL PLAN BY COURT ORDER
1 Pursuant to Rule 1901 TM R CIV P Plaintiffs allege that this case is one which
wiU require a discovery control plan tailored to the cvcumstances of the case The Court has
en- a discovery control plan pursuant to Level 3 Rule 1904 TEX R CIV P
II lampKmS
2 Plaintiffs Jennifer and Casius Jamon are individuals residing in Clebume
Johnson County Texas
3 Defendant Demert J Davidson is an individual residing in Johnson County
Texas and has already made au appearance in this case No service is necessary at this time
4 Defendant Daimler Chrysler Corporation is a Miclugan corporation and is
authorized to do business in the State of Texas Process was previously served upon DCC by
serving its registered agent CT Corporation Systems of Dallas Texas Defendant Daimler
Chryslcr Company LLC has entered an appearance in this case as the successor to Daimler
Chrysler Corporation by conversion effective March 31 2007 Dmder Chrysler Corporation
was the successor to Chrysler Corporation by merger in 1998
rIL JURISDICTION VENUE AND STANDING
5 Jurisdiction is proper in the District Court as the amount in contmversy greatly
exceeds the minimal jurisdictional limits of this Court and is within tk maximum jurisdictional
limits of any other state court in Johnson County Texas
6 Venue i s proper in Johnson County pursuant to ~15002(a)(l) and (2) TM CIV
PRAC ampREM CODE in that the event giving rise to this case occurred in Johnson County Texas
and Defendant Davldson resided in Johnson County Texas at the time of the event complained
of Venue is proper as to the remaining Defendants pursuant to 515005 TEX Crv PRAC ampREM
CODE
2
Iv STATUS OF DEFJ3NDANTS
7 At all times material heramp Defendant DC was engaged in the business of
designing manufacturing marketing and distributing automobiles including the vehicle made
the subject of this lawsuit for sale to and for use by members of the general public
V uC2-s
8 On or about February 12 2006 Jennifer Jarmon was operating her 1993 Jeep
Gxand Cherokee Vehicle Identification Number lJ4GZ58S6DC640210 (rhe subject vehicle)
manufactured by DeFendant DC Also in che vehicle were Jennifer and Cassius Jarrnonrsquos two
children Cassidy Jarmon and Calk Jarmon At that time and on that occasion the Jarmon
vehicle was struck in the rear by a 2001 Chevrolet Lumina 4-door sedan being operated by
Jhfendant Davidson Following the impact the Jarmon vehicle came to rest on the road way
and due to a leaking fuel system component a fuel-fed fire immediately began at the tear of the
Jeep Grand Cherokee Although Cassidy Jannoa survived the impact due to the fire that erupted
because of a defective fuel tank in the Jeep vehicle Cassidy was trapped in the second seat of the
Jeep and could not be rescued from the vehicle Flames from the pst-collision fuel-fed fire
entered into the passenger compartment of the Jeep and wed injury to Jennifer J m o n Wie
Jarmon and caused smoke inhalation and thermal injuries to Cassidy Jarmon resulting in her
death
9 Plaintiffs would show that at all times they have performed all conditions
precedent to brin~g this lawsuit and to recover under the various causes of action stated
herein
3
10 At ail material times plaintiffs would show that wherein i t is alleged that
Defendants did did not andor failed to act it may be shown that Defendants acted individually
andor by and through M y authorized employees servants agents andor officers Plaintiffs
would furthex show that at all times material hereto these persons were expressly authorized to
so act or alternatively were acting within the apparent authority andor authority necessarily
implied in order for the agents to perform and exercise the authority expresdy granted Plaintiffs
further allege respondeut superior liability
11 Xn the further alternative and without waiver of the foregoing if ir be shown that
persons purporting to act on Defendantsrsquo behalf as alleged were not so auzhorized then
Defendants have in all things ratified the actions or inactions of those persons and have accepted
the benefits thereof
12 Further in the design markering and distribution of the Jeep Grand Cherokee
the Plaintiffs would show that decisions with regard to the placement of the fuel tank failure to
adequately guard or shieid the fuel tank and in testing and evaluaring the function of the vehicle
fuel rank those agents and employees of Defendant DC were acting in their capacity as vice-
principals
n CAUSES OF ACTION
k Neeligenceo f Defendant Davidson
13 The injuries and damages suffered by the Plantiffs and the death of Cassidy
Jarmon were proximately caused by the negligence of Defendant Davidson in operaring the 200 1
Chevrvlet Lumina at the rime of Ihe OccUrreIlce in question in
a failing to keep a proper lookout to avoid the collision in question
4
b failing to turn his vehicle in a timely manner to avoid the mKsion in question
aud
failing to timely and properly apply his brakes to avoid the collision in question c
a peeelisence of Defendant Rc
14 The injuries and damages suffered by the Phintiffs and the death of Cassidy
Jamon were proximately caused by the negligence of Dcfendant DC in designing testing
assembling supplying and distributing the 1993 Jeep Grand Cherokee sport utility vehicIe
including but not lirmted to the following particulars
a In failing to design the vehicle fuel supply system to be crashworthy
b In fading to design the vehicle in such manner that gasoline would not escape from
the fuel supply systun in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d lo failing to design the fuel supply system in such a manner so 8 to prevent post-
collision fuel fed fins
e In failing to properly test and evaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tmk and delivery system
g In the placement and packaging of the vehiclersquos fuel tamk and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected fromenvironmenral hazards in on and about its surrounding tank
5
j Failing to warn of dangers associated with the design ofthe fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashworthy manner
I Failing ul conduct adequate testing of the design of the fuel supply system for the
subject vehick
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifically of the dargerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to deign market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
q In rbe design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and protection of the fuel tank from
environmental hazards
r In the design of the subjcct vehicle which failed to restrict foreseeable f m from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
6
s In failmg to provide adequate warnings concerning the rear strucrurd cnsh
perfopmaow of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitamp
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing rhe fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within structure of the vehicle
C mitt L i i i t v of Men dant DC
15 Plaintiffs further allege that the 1993 Jeep Grand Cherokee sport utility vehicle
was defective and unsafe for its intended purposes at the time of its design by Defendant DC and
its sale mcVor transfer into the stream of commerce and that at the time Plaintiffs Jennifer
Jarmon and Casius Jannon took possession of the vehicle The 1993 Jeep Grand Cherokee
spxt utility vehicle was in substantially the same condition at the time of the collision involved
in this suit as when it was manufactured and distributed by Defendant DC The Plaintiffs wodd
further show rhat there were safer alternative designs far the subject vehicle fuel containment
system pursuant to 582005(a) and (b) TEX Crv PRAC amp REM CODE The product was
defectively designed and unmsonably dangerous to Plainriffs in that the design of the vehicle
made it unsafe for the following reasons
a In failing to design the vehicle fuel supply system to be crashworthy
7
b Xn failing to design the vehicle in such manner that gasoline would not escape from
the fuel supply system in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d In failing to design the fuel suppIy system in such a manner so as to prevent post-
collision fuel fed fms
e Xn failing to properly test amdevaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placcmcnt and packaging of the vehiclersquos fuel tank and fuel supply system
h h its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failig to wam of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashwoahy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehcle
m In failing to warn of the inadequate testkg of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to thc public in general and to these
8
Plaintiffs and deceased specifically of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
Substantial change after receiving sufficienr knowledge as to the nature of the defects
and the danger to the public
q In the design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and proWion of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
ciashworthy when fitted with a trailer bitch
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
V In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
9
w In designing the fuel tank for the vehicle in such a manner that it was dansrously
exposed to impacts and was not adequately protected within structme of the vehicle
16 Plaintiffs further allege that such defects in the design of the vehicle were a
producing cause of the death of Cassidy Jannon and the injuries and damages sustained by
Plaintiffs
D Breaamp of Imnlied Warrantv of Merchantability
17 The vehicle in question is a good for purposes of Ihe TEX BUS ampCorn CODE
and Defendant JX was a merchant with respect to goods of that kind Defendant DC breached
the implied warranty of merchantability set forth in TEX Bus amp COMM CODE $2314 by
selling amphe vehicle in question when i t was defective that is not fit for the ordinary purposes for
whichsuch goods are used because of the and crashwonhiness deficiencies described more fully
herein Such breach of warranty was a proximare cause of the injuries and damages to Plaintiffs
E lh-eaeh of Warranh of I3 tness for Particular Punmse
18 Defendant DC impliedly warranted to the public generally and specifically to
Plaintiffs that the 1993 Yecp Grand Cherokee was fit for che particular purpose for which the
vehicle was intended Defendant DC at the time of rhe design manufacm and sale of the
vehicle had reason to know of the particular purpose for which the vehicle and its fuel supply
system were required The Plaintiffs relied upon Defendant Ws skill and judgment to selea
and hrnish suitable goods and components The vehicle in question was unfit for the p w s e
for which it was intended to be used in one or more of the following particulars
a In failing to design the vehicle kuel supply s y s m to be crashworthy
b In failing tD design the vehicle in such manner that gasoline would not escape from
tbe fuel supply system in the event of foreseeable collisions
IO
of foreseeable collisions
d In failing to design the fuel supply system in such a manner so as to prevent post-
collision fuel fed fires
e In failing to properly test and evaluate the vehicle
f h fding to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placement and packaging of the vehiclersquos fuel tank and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
locarion on the vehicle that subjected it to hazards associated with the mvironment in
which it was locaLed
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to warn of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrasbworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehicle
m In Failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceaKd specifically of the dangexous propensities of the flawed design
of the fuel supply system on the subject vehicle
11
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfdling its cnmmon law and statutory
obligatiom to provide adequate warnings and to remedy such defects
p In continuing to ampsign market and selI this line of sport utility vehicles without
substantial change atkr receiving sufficient knowledge as to the name of the defects
and the danger to the public
q In the design of rhe subject vehicle which failed to correct serious rear structure
design deficiencies in Iccation mounting and protection of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to resuict foremable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear s t r u c d crash
perfomance of the vehicle when fitted with a traik two hitch
t In fa i l i i to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a tniler hitch
u In failing to design the rear structure of rhe vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing the fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and WBS not adequately protected wirhin structure of the vehicle
12
r
19 Plaintiffs suffered injuries and damages as set forth hereafter as a proximate result
of the breach of this warranty
F ampampreDreSeIlbtiwShiCt Liability Of Defendant DC
20 Plaintiffs allege that Defendant DC was in the business of marketing and selling
automobiles and made misrepresentations to the public of material facts concerning the character
andor quality of the veh~le that i s the subject of this lawsuit Purchasers of the vehicle
justifiably relied upon these misrepresentations that induced and influenced them to purchase and
transport others in the Jeep Grand Cherokee sport utility vehicle including the vehicle in
question As a result Plaintiffs sustained severe traumatic debilitating injuries during the
incident and Cassidy Jannon lost her life Plaintiffs therefore invoke the DoctrinP of Strict
Liability contained in Section 402B of the R E S T A rdquo T (2ND) OF TORTS Furthermore
Plaintiffs allege that these misrepresentations o f material fact were a producing cause of the
injuries and damages sustained by Plaintiffs Defendant DC misrepresented its product as being
safe in spite of the following defects
a In failing to design the vehicle fuel supply system to be crashworthy
b In failing to design the vehicle in such manner that gasoline would not escape from
rhe fuel supply system in the event of foreseeable collisions
c In failing to wnstmct the fuel supply system so that it would contain fuel in the event
of fomeeable collisions
d In failing to design the fuel supply system in such a manner so a$ to prevent post-
collision fuel fed fires
e Xn failing to properly twt and evaluate the vehicle
f ln failing to properly guard or shield the vehiclersquos fuel tank and delivery system
13
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
II lampKmS
2 Plaintiffs Jennifer and Casius Jamon are individuals residing in Clebume
Johnson County Texas
3 Defendant Demert J Davidson is an individual residing in Johnson County
Texas and has already made au appearance in this case No service is necessary at this time
4 Defendant Daimler Chrysler Corporation is a Miclugan corporation and is
authorized to do business in the State of Texas Process was previously served upon DCC by
serving its registered agent CT Corporation Systems of Dallas Texas Defendant Daimler
Chryslcr Company LLC has entered an appearance in this case as the successor to Daimler
Chrysler Corporation by conversion effective March 31 2007 Dmder Chrysler Corporation
was the successor to Chrysler Corporation by merger in 1998
rIL JURISDICTION VENUE AND STANDING
5 Jurisdiction is proper in the District Court as the amount in contmversy greatly
exceeds the minimal jurisdictional limits of this Court and is within tk maximum jurisdictional
limits of any other state court in Johnson County Texas
6 Venue i s proper in Johnson County pursuant to ~15002(a)(l) and (2) TM CIV
PRAC ampREM CODE in that the event giving rise to this case occurred in Johnson County Texas
and Defendant Davldson resided in Johnson County Texas at the time of the event complained
of Venue is proper as to the remaining Defendants pursuant to 515005 TEX Crv PRAC ampREM
CODE
2
Iv STATUS OF DEFJ3NDANTS
7 At all times material heramp Defendant DC was engaged in the business of
designing manufacturing marketing and distributing automobiles including the vehicle made
the subject of this lawsuit for sale to and for use by members of the general public
V uC2-s
8 On or about February 12 2006 Jennifer Jarmon was operating her 1993 Jeep
Gxand Cherokee Vehicle Identification Number lJ4GZ58S6DC640210 (rhe subject vehicle)
manufactured by DeFendant DC Also in che vehicle were Jennifer and Cassius Jarrnonrsquos two
children Cassidy Jarmon and Calk Jarmon At that time and on that occasion the Jarmon
vehicle was struck in the rear by a 2001 Chevrolet Lumina 4-door sedan being operated by
Jhfendant Davidson Following the impact the Jarmon vehicle came to rest on the road way
and due to a leaking fuel system component a fuel-fed fire immediately began at the tear of the
Jeep Grand Cherokee Although Cassidy Jannoa survived the impact due to the fire that erupted
because of a defective fuel tank in the Jeep vehicle Cassidy was trapped in the second seat of the
Jeep and could not be rescued from the vehicle Flames from the pst-collision fuel-fed fire
entered into the passenger compartment of the Jeep and wed injury to Jennifer J m o n Wie
Jarmon and caused smoke inhalation and thermal injuries to Cassidy Jarmon resulting in her
death
9 Plaintiffs would show that at all times they have performed all conditions
precedent to brin~g this lawsuit and to recover under the various causes of action stated
herein
3
10 At ail material times plaintiffs would show that wherein i t is alleged that
Defendants did did not andor failed to act it may be shown that Defendants acted individually
andor by and through M y authorized employees servants agents andor officers Plaintiffs
would furthex show that at all times material hereto these persons were expressly authorized to
so act or alternatively were acting within the apparent authority andor authority necessarily
implied in order for the agents to perform and exercise the authority expresdy granted Plaintiffs
further allege respondeut superior liability
11 Xn the further alternative and without waiver of the foregoing if ir be shown that
persons purporting to act on Defendantsrsquo behalf as alleged were not so auzhorized then
Defendants have in all things ratified the actions or inactions of those persons and have accepted
the benefits thereof
12 Further in the design markering and distribution of the Jeep Grand Cherokee
the Plaintiffs would show that decisions with regard to the placement of the fuel tank failure to
adequately guard or shieid the fuel tank and in testing and evaluaring the function of the vehicle
fuel rank those agents and employees of Defendant DC were acting in their capacity as vice-
principals
n CAUSES OF ACTION
k Neeligenceo f Defendant Davidson
13 The injuries and damages suffered by the Plantiffs and the death of Cassidy
Jarmon were proximately caused by the negligence of Defendant Davidson in operaring the 200 1
Chevrvlet Lumina at the rime of Ihe OccUrreIlce in question in
a failing to keep a proper lookout to avoid the collision in question
4
b failing to turn his vehicle in a timely manner to avoid the mKsion in question
aud
failing to timely and properly apply his brakes to avoid the collision in question c
a peeelisence of Defendant Rc
14 The injuries and damages suffered by the Phintiffs and the death of Cassidy
Jamon were proximately caused by the negligence of Dcfendant DC in designing testing
assembling supplying and distributing the 1993 Jeep Grand Cherokee sport utility vehicIe
including but not lirmted to the following particulars
a In failing to design the vehicle fuel supply system to be crashworthy
b In fading to design the vehicle in such manner that gasoline would not escape from
the fuel supply systun in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d lo failing to design the fuel supply system in such a manner so 8 to prevent post-
collision fuel fed fins
e In failing to properly test and evaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tmk and delivery system
g In the placement and packaging of the vehiclersquos fuel tamk and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected fromenvironmenral hazards in on and about its surrounding tank
5
j Failing to warn of dangers associated with the design ofthe fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashworthy manner
I Failing ul conduct adequate testing of the design of the fuel supply system for the
subject vehick
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifically of the dargerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to deign market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
q In rbe design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and protection of the fuel tank from
environmental hazards
r In the design of the subjcct vehicle which failed to restrict foreseeable f m from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
6
s In failmg to provide adequate warnings concerning the rear strucrurd cnsh
perfopmaow of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitamp
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing rhe fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within structure of the vehicle
C mitt L i i i t v of Men dant DC
15 Plaintiffs further allege that the 1993 Jeep Grand Cherokee sport utility vehicle
was defective and unsafe for its intended purposes at the time of its design by Defendant DC and
its sale mcVor transfer into the stream of commerce and that at the time Plaintiffs Jennifer
Jarmon and Casius Jannon took possession of the vehicle The 1993 Jeep Grand Cherokee
spxt utility vehicle was in substantially the same condition at the time of the collision involved
in this suit as when it was manufactured and distributed by Defendant DC The Plaintiffs wodd
further show rhat there were safer alternative designs far the subject vehicle fuel containment
system pursuant to 582005(a) and (b) TEX Crv PRAC amp REM CODE The product was
defectively designed and unmsonably dangerous to Plainriffs in that the design of the vehicle
made it unsafe for the following reasons
a In failing to design the vehicle fuel supply system to be crashworthy
7
b Xn failing to design the vehicle in such manner that gasoline would not escape from
the fuel supply system in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d In failing to design the fuel suppIy system in such a manner so as to prevent post-
collision fuel fed fms
e Xn failing to properly test amdevaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placcmcnt and packaging of the vehiclersquos fuel tank and fuel supply system
h h its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failig to wam of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashwoahy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehcle
m In failing to warn of the inadequate testkg of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to thc public in general and to these
8
Plaintiffs and deceased specifically of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
Substantial change after receiving sufficienr knowledge as to the nature of the defects
and the danger to the public
q In the design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and proWion of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
ciashworthy when fitted with a trailer bitch
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
V In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
9
w In designing the fuel tank for the vehicle in such a manner that it was dansrously
exposed to impacts and was not adequately protected within structme of the vehicle
16 Plaintiffs further allege that such defects in the design of the vehicle were a
producing cause of the death of Cassidy Jannon and the injuries and damages sustained by
Plaintiffs
D Breaamp of Imnlied Warrantv of Merchantability
17 The vehicle in question is a good for purposes of Ihe TEX BUS ampCorn CODE
and Defendant JX was a merchant with respect to goods of that kind Defendant DC breached
the implied warranty of merchantability set forth in TEX Bus amp COMM CODE $2314 by
selling amphe vehicle in question when i t was defective that is not fit for the ordinary purposes for
whichsuch goods are used because of the and crashwonhiness deficiencies described more fully
herein Such breach of warranty was a proximare cause of the injuries and damages to Plaintiffs
E lh-eaeh of Warranh of I3 tness for Particular Punmse
18 Defendant DC impliedly warranted to the public generally and specifically to
Plaintiffs that the 1993 Yecp Grand Cherokee was fit for che particular purpose for which the
vehicle was intended Defendant DC at the time of rhe design manufacm and sale of the
vehicle had reason to know of the particular purpose for which the vehicle and its fuel supply
system were required The Plaintiffs relied upon Defendant Ws skill and judgment to selea
and hrnish suitable goods and components The vehicle in question was unfit for the p w s e
for which it was intended to be used in one or more of the following particulars
a In failing to design the vehicle kuel supply s y s m to be crashworthy
b In failing tD design the vehicle in such manner that gasoline would not escape from
tbe fuel supply system in the event of foreseeable collisions
IO
of foreseeable collisions
d In failing to design the fuel supply system in such a manner so as to prevent post-
collision fuel fed fires
e In failing to properly test and evaluate the vehicle
f h fding to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placement and packaging of the vehiclersquos fuel tank and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
locarion on the vehicle that subjected it to hazards associated with the mvironment in
which it was locaLed
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to warn of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrasbworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehicle
m In Failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceaKd specifically of the dangexous propensities of the flawed design
of the fuel supply system on the subject vehicle
11
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfdling its cnmmon law and statutory
obligatiom to provide adequate warnings and to remedy such defects
p In continuing to ampsign market and selI this line of sport utility vehicles without
substantial change atkr receiving sufficient knowledge as to the name of the defects
and the danger to the public
q In the design of rhe subject vehicle which failed to correct serious rear structure
design deficiencies in Iccation mounting and protection of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to resuict foremable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear s t r u c d crash
perfomance of the vehicle when fitted with a traik two hitch
t In fa i l i i to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a tniler hitch
u In failing to design the rear structure of rhe vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing the fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and WBS not adequately protected wirhin structure of the vehicle
12
r
19 Plaintiffs suffered injuries and damages as set forth hereafter as a proximate result
of the breach of this warranty
F ampampreDreSeIlbtiwShiCt Liability Of Defendant DC
20 Plaintiffs allege that Defendant DC was in the business of marketing and selling
automobiles and made misrepresentations to the public of material facts concerning the character
andor quality of the veh~le that i s the subject of this lawsuit Purchasers of the vehicle
justifiably relied upon these misrepresentations that induced and influenced them to purchase and
transport others in the Jeep Grand Cherokee sport utility vehicle including the vehicle in
question As a result Plaintiffs sustained severe traumatic debilitating injuries during the
incident and Cassidy Jannon lost her life Plaintiffs therefore invoke the DoctrinP of Strict
Liability contained in Section 402B of the R E S T A rdquo T (2ND) OF TORTS Furthermore
Plaintiffs allege that these misrepresentations o f material fact were a producing cause of the
injuries and damages sustained by Plaintiffs Defendant DC misrepresented its product as being
safe in spite of the following defects
a In failing to design the vehicle fuel supply system to be crashworthy
b In failing to design the vehicle in such manner that gasoline would not escape from
rhe fuel supply system in the event of foreseeable collisions
c In failing to wnstmct the fuel supply system so that it would contain fuel in the event
of fomeeable collisions
d In failing to design the fuel supply system in such a manner so a$ to prevent post-
collision fuel fed fires
e Xn failing to properly twt and evaluate the vehicle
f ln failing to properly guard or shield the vehiclersquos fuel tank and delivery system
13
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
Iv STATUS OF DEFJ3NDANTS
7 At all times material heramp Defendant DC was engaged in the business of
designing manufacturing marketing and distributing automobiles including the vehicle made
the subject of this lawsuit for sale to and for use by members of the general public
V uC2-s
8 On or about February 12 2006 Jennifer Jarmon was operating her 1993 Jeep
Gxand Cherokee Vehicle Identification Number lJ4GZ58S6DC640210 (rhe subject vehicle)
manufactured by DeFendant DC Also in che vehicle were Jennifer and Cassius Jarrnonrsquos two
children Cassidy Jarmon and Calk Jarmon At that time and on that occasion the Jarmon
vehicle was struck in the rear by a 2001 Chevrolet Lumina 4-door sedan being operated by
Jhfendant Davidson Following the impact the Jarmon vehicle came to rest on the road way
and due to a leaking fuel system component a fuel-fed fire immediately began at the tear of the
Jeep Grand Cherokee Although Cassidy Jannoa survived the impact due to the fire that erupted
because of a defective fuel tank in the Jeep vehicle Cassidy was trapped in the second seat of the
Jeep and could not be rescued from the vehicle Flames from the pst-collision fuel-fed fire
entered into the passenger compartment of the Jeep and wed injury to Jennifer J m o n Wie
Jarmon and caused smoke inhalation and thermal injuries to Cassidy Jarmon resulting in her
death
9 Plaintiffs would show that at all times they have performed all conditions
precedent to brin~g this lawsuit and to recover under the various causes of action stated
herein
3
10 At ail material times plaintiffs would show that wherein i t is alleged that
Defendants did did not andor failed to act it may be shown that Defendants acted individually
andor by and through M y authorized employees servants agents andor officers Plaintiffs
would furthex show that at all times material hereto these persons were expressly authorized to
so act or alternatively were acting within the apparent authority andor authority necessarily
implied in order for the agents to perform and exercise the authority expresdy granted Plaintiffs
further allege respondeut superior liability
11 Xn the further alternative and without waiver of the foregoing if ir be shown that
persons purporting to act on Defendantsrsquo behalf as alleged were not so auzhorized then
Defendants have in all things ratified the actions or inactions of those persons and have accepted
the benefits thereof
12 Further in the design markering and distribution of the Jeep Grand Cherokee
the Plaintiffs would show that decisions with regard to the placement of the fuel tank failure to
adequately guard or shieid the fuel tank and in testing and evaluaring the function of the vehicle
fuel rank those agents and employees of Defendant DC were acting in their capacity as vice-
principals
n CAUSES OF ACTION
k Neeligenceo f Defendant Davidson
13 The injuries and damages suffered by the Plantiffs and the death of Cassidy
Jarmon were proximately caused by the negligence of Defendant Davidson in operaring the 200 1
Chevrvlet Lumina at the rime of Ihe OccUrreIlce in question in
a failing to keep a proper lookout to avoid the collision in question
4
b failing to turn his vehicle in a timely manner to avoid the mKsion in question
aud
failing to timely and properly apply his brakes to avoid the collision in question c
a peeelisence of Defendant Rc
14 The injuries and damages suffered by the Phintiffs and the death of Cassidy
Jamon were proximately caused by the negligence of Dcfendant DC in designing testing
assembling supplying and distributing the 1993 Jeep Grand Cherokee sport utility vehicIe
including but not lirmted to the following particulars
a In failing to design the vehicle fuel supply system to be crashworthy
b In fading to design the vehicle in such manner that gasoline would not escape from
the fuel supply systun in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d lo failing to design the fuel supply system in such a manner so 8 to prevent post-
collision fuel fed fins
e In failing to properly test and evaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tmk and delivery system
g In the placement and packaging of the vehiclersquos fuel tamk and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected fromenvironmenral hazards in on and about its surrounding tank
5
j Failing to warn of dangers associated with the design ofthe fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashworthy manner
I Failing ul conduct adequate testing of the design of the fuel supply system for the
subject vehick
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifically of the dargerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to deign market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
q In rbe design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and protection of the fuel tank from
environmental hazards
r In the design of the subjcct vehicle which failed to restrict foreseeable f m from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
6
s In failmg to provide adequate warnings concerning the rear strucrurd cnsh
perfopmaow of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitamp
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing rhe fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within structure of the vehicle
C mitt L i i i t v of Men dant DC
15 Plaintiffs further allege that the 1993 Jeep Grand Cherokee sport utility vehicle
was defective and unsafe for its intended purposes at the time of its design by Defendant DC and
its sale mcVor transfer into the stream of commerce and that at the time Plaintiffs Jennifer
Jarmon and Casius Jannon took possession of the vehicle The 1993 Jeep Grand Cherokee
spxt utility vehicle was in substantially the same condition at the time of the collision involved
in this suit as when it was manufactured and distributed by Defendant DC The Plaintiffs wodd
further show rhat there were safer alternative designs far the subject vehicle fuel containment
system pursuant to 582005(a) and (b) TEX Crv PRAC amp REM CODE The product was
defectively designed and unmsonably dangerous to Plainriffs in that the design of the vehicle
made it unsafe for the following reasons
a In failing to design the vehicle fuel supply system to be crashworthy
7
b Xn failing to design the vehicle in such manner that gasoline would not escape from
the fuel supply system in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d In failing to design the fuel suppIy system in such a manner so as to prevent post-
collision fuel fed fms
e Xn failing to properly test amdevaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placcmcnt and packaging of the vehiclersquos fuel tank and fuel supply system
h h its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failig to wam of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashwoahy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehcle
m In failing to warn of the inadequate testkg of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to thc public in general and to these
8
Plaintiffs and deceased specifically of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
Substantial change after receiving sufficienr knowledge as to the nature of the defects
and the danger to the public
q In the design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and proWion of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
ciashworthy when fitted with a trailer bitch
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
V In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
9
w In designing the fuel tank for the vehicle in such a manner that it was dansrously
exposed to impacts and was not adequately protected within structme of the vehicle
16 Plaintiffs further allege that such defects in the design of the vehicle were a
producing cause of the death of Cassidy Jannon and the injuries and damages sustained by
Plaintiffs
D Breaamp of Imnlied Warrantv of Merchantability
17 The vehicle in question is a good for purposes of Ihe TEX BUS ampCorn CODE
and Defendant JX was a merchant with respect to goods of that kind Defendant DC breached
the implied warranty of merchantability set forth in TEX Bus amp COMM CODE $2314 by
selling amphe vehicle in question when i t was defective that is not fit for the ordinary purposes for
whichsuch goods are used because of the and crashwonhiness deficiencies described more fully
herein Such breach of warranty was a proximare cause of the injuries and damages to Plaintiffs
E lh-eaeh of Warranh of I3 tness for Particular Punmse
18 Defendant DC impliedly warranted to the public generally and specifically to
Plaintiffs that the 1993 Yecp Grand Cherokee was fit for che particular purpose for which the
vehicle was intended Defendant DC at the time of rhe design manufacm and sale of the
vehicle had reason to know of the particular purpose for which the vehicle and its fuel supply
system were required The Plaintiffs relied upon Defendant Ws skill and judgment to selea
and hrnish suitable goods and components The vehicle in question was unfit for the p w s e
for which it was intended to be used in one or more of the following particulars
a In failing to design the vehicle kuel supply s y s m to be crashworthy
b In failing tD design the vehicle in such manner that gasoline would not escape from
tbe fuel supply system in the event of foreseeable collisions
IO
of foreseeable collisions
d In failing to design the fuel supply system in such a manner so as to prevent post-
collision fuel fed fires
e In failing to properly test and evaluate the vehicle
f h fding to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placement and packaging of the vehiclersquos fuel tank and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
locarion on the vehicle that subjected it to hazards associated with the mvironment in
which it was locaLed
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to warn of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrasbworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehicle
m In Failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceaKd specifically of the dangexous propensities of the flawed design
of the fuel supply system on the subject vehicle
11
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfdling its cnmmon law and statutory
obligatiom to provide adequate warnings and to remedy such defects
p In continuing to ampsign market and selI this line of sport utility vehicles without
substantial change atkr receiving sufficient knowledge as to the name of the defects
and the danger to the public
q In the design of rhe subject vehicle which failed to correct serious rear structure
design deficiencies in Iccation mounting and protection of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to resuict foremable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear s t r u c d crash
perfomance of the vehicle when fitted with a traik two hitch
t In fa i l i i to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a tniler hitch
u In failing to design the rear structure of rhe vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing the fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and WBS not adequately protected wirhin structure of the vehicle
12
r
19 Plaintiffs suffered injuries and damages as set forth hereafter as a proximate result
of the breach of this warranty
F ampampreDreSeIlbtiwShiCt Liability Of Defendant DC
20 Plaintiffs allege that Defendant DC was in the business of marketing and selling
automobiles and made misrepresentations to the public of material facts concerning the character
andor quality of the veh~le that i s the subject of this lawsuit Purchasers of the vehicle
justifiably relied upon these misrepresentations that induced and influenced them to purchase and
transport others in the Jeep Grand Cherokee sport utility vehicle including the vehicle in
question As a result Plaintiffs sustained severe traumatic debilitating injuries during the
incident and Cassidy Jannon lost her life Plaintiffs therefore invoke the DoctrinP of Strict
Liability contained in Section 402B of the R E S T A rdquo T (2ND) OF TORTS Furthermore
Plaintiffs allege that these misrepresentations o f material fact were a producing cause of the
injuries and damages sustained by Plaintiffs Defendant DC misrepresented its product as being
safe in spite of the following defects
a In failing to design the vehicle fuel supply system to be crashworthy
b In failing to design the vehicle in such manner that gasoline would not escape from
rhe fuel supply system in the event of foreseeable collisions
c In failing to wnstmct the fuel supply system so that it would contain fuel in the event
of fomeeable collisions
d In failing to design the fuel supply system in such a manner so a$ to prevent post-
collision fuel fed fires
e Xn failing to properly twt and evaluate the vehicle
f ln failing to properly guard or shield the vehiclersquos fuel tank and delivery system
13
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
10 At ail material times plaintiffs would show that wherein i t is alleged that
Defendants did did not andor failed to act it may be shown that Defendants acted individually
andor by and through M y authorized employees servants agents andor officers Plaintiffs
would furthex show that at all times material hereto these persons were expressly authorized to
so act or alternatively were acting within the apparent authority andor authority necessarily
implied in order for the agents to perform and exercise the authority expresdy granted Plaintiffs
further allege respondeut superior liability
11 Xn the further alternative and without waiver of the foregoing if ir be shown that
persons purporting to act on Defendantsrsquo behalf as alleged were not so auzhorized then
Defendants have in all things ratified the actions or inactions of those persons and have accepted
the benefits thereof
12 Further in the design markering and distribution of the Jeep Grand Cherokee
the Plaintiffs would show that decisions with regard to the placement of the fuel tank failure to
adequately guard or shieid the fuel tank and in testing and evaluaring the function of the vehicle
fuel rank those agents and employees of Defendant DC were acting in their capacity as vice-
principals
n CAUSES OF ACTION
k Neeligenceo f Defendant Davidson
13 The injuries and damages suffered by the Plantiffs and the death of Cassidy
Jarmon were proximately caused by the negligence of Defendant Davidson in operaring the 200 1
Chevrvlet Lumina at the rime of Ihe OccUrreIlce in question in
a failing to keep a proper lookout to avoid the collision in question
4
b failing to turn his vehicle in a timely manner to avoid the mKsion in question
aud
failing to timely and properly apply his brakes to avoid the collision in question c
a peeelisence of Defendant Rc
14 The injuries and damages suffered by the Phintiffs and the death of Cassidy
Jamon were proximately caused by the negligence of Dcfendant DC in designing testing
assembling supplying and distributing the 1993 Jeep Grand Cherokee sport utility vehicIe
including but not lirmted to the following particulars
a In failing to design the vehicle fuel supply system to be crashworthy
b In fading to design the vehicle in such manner that gasoline would not escape from
the fuel supply systun in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d lo failing to design the fuel supply system in such a manner so 8 to prevent post-
collision fuel fed fins
e In failing to properly test and evaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tmk and delivery system
g In the placement and packaging of the vehiclersquos fuel tamk and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected fromenvironmenral hazards in on and about its surrounding tank
5
j Failing to warn of dangers associated with the design ofthe fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashworthy manner
I Failing ul conduct adequate testing of the design of the fuel supply system for the
subject vehick
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifically of the dargerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to deign market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
q In rbe design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and protection of the fuel tank from
environmental hazards
r In the design of the subjcct vehicle which failed to restrict foreseeable f m from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
6
s In failmg to provide adequate warnings concerning the rear strucrurd cnsh
perfopmaow of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitamp
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing rhe fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within structure of the vehicle
C mitt L i i i t v of Men dant DC
15 Plaintiffs further allege that the 1993 Jeep Grand Cherokee sport utility vehicle
was defective and unsafe for its intended purposes at the time of its design by Defendant DC and
its sale mcVor transfer into the stream of commerce and that at the time Plaintiffs Jennifer
Jarmon and Casius Jannon took possession of the vehicle The 1993 Jeep Grand Cherokee
spxt utility vehicle was in substantially the same condition at the time of the collision involved
in this suit as when it was manufactured and distributed by Defendant DC The Plaintiffs wodd
further show rhat there were safer alternative designs far the subject vehicle fuel containment
system pursuant to 582005(a) and (b) TEX Crv PRAC amp REM CODE The product was
defectively designed and unmsonably dangerous to Plainriffs in that the design of the vehicle
made it unsafe for the following reasons
a In failing to design the vehicle fuel supply system to be crashworthy
7
b Xn failing to design the vehicle in such manner that gasoline would not escape from
the fuel supply system in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d In failing to design the fuel suppIy system in such a manner so as to prevent post-
collision fuel fed fms
e Xn failing to properly test amdevaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placcmcnt and packaging of the vehiclersquos fuel tank and fuel supply system
h h its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failig to wam of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashwoahy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehcle
m In failing to warn of the inadequate testkg of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to thc public in general and to these
8
Plaintiffs and deceased specifically of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
Substantial change after receiving sufficienr knowledge as to the nature of the defects
and the danger to the public
q In the design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and proWion of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
ciashworthy when fitted with a trailer bitch
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
V In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
9
w In designing the fuel tank for the vehicle in such a manner that it was dansrously
exposed to impacts and was not adequately protected within structme of the vehicle
16 Plaintiffs further allege that such defects in the design of the vehicle were a
producing cause of the death of Cassidy Jannon and the injuries and damages sustained by
Plaintiffs
D Breaamp of Imnlied Warrantv of Merchantability
17 The vehicle in question is a good for purposes of Ihe TEX BUS ampCorn CODE
and Defendant JX was a merchant with respect to goods of that kind Defendant DC breached
the implied warranty of merchantability set forth in TEX Bus amp COMM CODE $2314 by
selling amphe vehicle in question when i t was defective that is not fit for the ordinary purposes for
whichsuch goods are used because of the and crashwonhiness deficiencies described more fully
herein Such breach of warranty was a proximare cause of the injuries and damages to Plaintiffs
E lh-eaeh of Warranh of I3 tness for Particular Punmse
18 Defendant DC impliedly warranted to the public generally and specifically to
Plaintiffs that the 1993 Yecp Grand Cherokee was fit for che particular purpose for which the
vehicle was intended Defendant DC at the time of rhe design manufacm and sale of the
vehicle had reason to know of the particular purpose for which the vehicle and its fuel supply
system were required The Plaintiffs relied upon Defendant Ws skill and judgment to selea
and hrnish suitable goods and components The vehicle in question was unfit for the p w s e
for which it was intended to be used in one or more of the following particulars
a In failing to design the vehicle kuel supply s y s m to be crashworthy
b In failing tD design the vehicle in such manner that gasoline would not escape from
tbe fuel supply system in the event of foreseeable collisions
IO
of foreseeable collisions
d In failing to design the fuel supply system in such a manner so as to prevent post-
collision fuel fed fires
e In failing to properly test and evaluate the vehicle
f h fding to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placement and packaging of the vehiclersquos fuel tank and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
locarion on the vehicle that subjected it to hazards associated with the mvironment in
which it was locaLed
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to warn of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrasbworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehicle
m In Failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceaKd specifically of the dangexous propensities of the flawed design
of the fuel supply system on the subject vehicle
11
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfdling its cnmmon law and statutory
obligatiom to provide adequate warnings and to remedy such defects
p In continuing to ampsign market and selI this line of sport utility vehicles without
substantial change atkr receiving sufficient knowledge as to the name of the defects
and the danger to the public
q In the design of rhe subject vehicle which failed to correct serious rear structure
design deficiencies in Iccation mounting and protection of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to resuict foremable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear s t r u c d crash
perfomance of the vehicle when fitted with a traik two hitch
t In fa i l i i to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a tniler hitch
u In failing to design the rear structure of rhe vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing the fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and WBS not adequately protected wirhin structure of the vehicle
12
r
19 Plaintiffs suffered injuries and damages as set forth hereafter as a proximate result
of the breach of this warranty
F ampampreDreSeIlbtiwShiCt Liability Of Defendant DC
20 Plaintiffs allege that Defendant DC was in the business of marketing and selling
automobiles and made misrepresentations to the public of material facts concerning the character
andor quality of the veh~le that i s the subject of this lawsuit Purchasers of the vehicle
justifiably relied upon these misrepresentations that induced and influenced them to purchase and
transport others in the Jeep Grand Cherokee sport utility vehicle including the vehicle in
question As a result Plaintiffs sustained severe traumatic debilitating injuries during the
incident and Cassidy Jannon lost her life Plaintiffs therefore invoke the DoctrinP of Strict
Liability contained in Section 402B of the R E S T A rdquo T (2ND) OF TORTS Furthermore
Plaintiffs allege that these misrepresentations o f material fact were a producing cause of the
injuries and damages sustained by Plaintiffs Defendant DC misrepresented its product as being
safe in spite of the following defects
a In failing to design the vehicle fuel supply system to be crashworthy
b In failing to design the vehicle in such manner that gasoline would not escape from
rhe fuel supply system in the event of foreseeable collisions
c In failing to wnstmct the fuel supply system so that it would contain fuel in the event
of fomeeable collisions
d In failing to design the fuel supply system in such a manner so a$ to prevent post-
collision fuel fed fires
e Xn failing to properly twt and evaluate the vehicle
f ln failing to properly guard or shield the vehiclersquos fuel tank and delivery system
13
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
b failing to turn his vehicle in a timely manner to avoid the mKsion in question
aud
failing to timely and properly apply his brakes to avoid the collision in question c
a peeelisence of Defendant Rc
14 The injuries and damages suffered by the Phintiffs and the death of Cassidy
Jamon were proximately caused by the negligence of Dcfendant DC in designing testing
assembling supplying and distributing the 1993 Jeep Grand Cherokee sport utility vehicIe
including but not lirmted to the following particulars
a In failing to design the vehicle fuel supply system to be crashworthy
b In fading to design the vehicle in such manner that gasoline would not escape from
the fuel supply systun in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d lo failing to design the fuel supply system in such a manner so 8 to prevent post-
collision fuel fed fins
e In failing to properly test and evaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tmk and delivery system
g In the placement and packaging of the vehiclersquos fuel tamk and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected fromenvironmenral hazards in on and about its surrounding tank
5
j Failing to warn of dangers associated with the design ofthe fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashworthy manner
I Failing ul conduct adequate testing of the design of the fuel supply system for the
subject vehick
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifically of the dargerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to deign market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
q In rbe design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and protection of the fuel tank from
environmental hazards
r In the design of the subjcct vehicle which failed to restrict foreseeable f m from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
6
s In failmg to provide adequate warnings concerning the rear strucrurd cnsh
perfopmaow of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitamp
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing rhe fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within structure of the vehicle
C mitt L i i i t v of Men dant DC
15 Plaintiffs further allege that the 1993 Jeep Grand Cherokee sport utility vehicle
was defective and unsafe for its intended purposes at the time of its design by Defendant DC and
its sale mcVor transfer into the stream of commerce and that at the time Plaintiffs Jennifer
Jarmon and Casius Jannon took possession of the vehicle The 1993 Jeep Grand Cherokee
spxt utility vehicle was in substantially the same condition at the time of the collision involved
in this suit as when it was manufactured and distributed by Defendant DC The Plaintiffs wodd
further show rhat there were safer alternative designs far the subject vehicle fuel containment
system pursuant to 582005(a) and (b) TEX Crv PRAC amp REM CODE The product was
defectively designed and unmsonably dangerous to Plainriffs in that the design of the vehicle
made it unsafe for the following reasons
a In failing to design the vehicle fuel supply system to be crashworthy
7
b Xn failing to design the vehicle in such manner that gasoline would not escape from
the fuel supply system in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d In failing to design the fuel suppIy system in such a manner so as to prevent post-
collision fuel fed fms
e Xn failing to properly test amdevaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placcmcnt and packaging of the vehiclersquos fuel tank and fuel supply system
h h its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failig to wam of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashwoahy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehcle
m In failing to warn of the inadequate testkg of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to thc public in general and to these
8
Plaintiffs and deceased specifically of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
Substantial change after receiving sufficienr knowledge as to the nature of the defects
and the danger to the public
q In the design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and proWion of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
ciashworthy when fitted with a trailer bitch
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
V In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
9
w In designing the fuel tank for the vehicle in such a manner that it was dansrously
exposed to impacts and was not adequately protected within structme of the vehicle
16 Plaintiffs further allege that such defects in the design of the vehicle were a
producing cause of the death of Cassidy Jannon and the injuries and damages sustained by
Plaintiffs
D Breaamp of Imnlied Warrantv of Merchantability
17 The vehicle in question is a good for purposes of Ihe TEX BUS ampCorn CODE
and Defendant JX was a merchant with respect to goods of that kind Defendant DC breached
the implied warranty of merchantability set forth in TEX Bus amp COMM CODE $2314 by
selling amphe vehicle in question when i t was defective that is not fit for the ordinary purposes for
whichsuch goods are used because of the and crashwonhiness deficiencies described more fully
herein Such breach of warranty was a proximare cause of the injuries and damages to Plaintiffs
E lh-eaeh of Warranh of I3 tness for Particular Punmse
18 Defendant DC impliedly warranted to the public generally and specifically to
Plaintiffs that the 1993 Yecp Grand Cherokee was fit for che particular purpose for which the
vehicle was intended Defendant DC at the time of rhe design manufacm and sale of the
vehicle had reason to know of the particular purpose for which the vehicle and its fuel supply
system were required The Plaintiffs relied upon Defendant Ws skill and judgment to selea
and hrnish suitable goods and components The vehicle in question was unfit for the p w s e
for which it was intended to be used in one or more of the following particulars
a In failing to design the vehicle kuel supply s y s m to be crashworthy
b In failing tD design the vehicle in such manner that gasoline would not escape from
tbe fuel supply system in the event of foreseeable collisions
IO
of foreseeable collisions
d In failing to design the fuel supply system in such a manner so as to prevent post-
collision fuel fed fires
e In failing to properly test and evaluate the vehicle
f h fding to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placement and packaging of the vehiclersquos fuel tank and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
locarion on the vehicle that subjected it to hazards associated with the mvironment in
which it was locaLed
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to warn of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrasbworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehicle
m In Failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceaKd specifically of the dangexous propensities of the flawed design
of the fuel supply system on the subject vehicle
11
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfdling its cnmmon law and statutory
obligatiom to provide adequate warnings and to remedy such defects
p In continuing to ampsign market and selI this line of sport utility vehicles without
substantial change atkr receiving sufficient knowledge as to the name of the defects
and the danger to the public
q In the design of rhe subject vehicle which failed to correct serious rear structure
design deficiencies in Iccation mounting and protection of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to resuict foremable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear s t r u c d crash
perfomance of the vehicle when fitted with a traik two hitch
t In fa i l i i to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a tniler hitch
u In failing to design the rear structure of rhe vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing the fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and WBS not adequately protected wirhin structure of the vehicle
12
r
19 Plaintiffs suffered injuries and damages as set forth hereafter as a proximate result
of the breach of this warranty
F ampampreDreSeIlbtiwShiCt Liability Of Defendant DC
20 Plaintiffs allege that Defendant DC was in the business of marketing and selling
automobiles and made misrepresentations to the public of material facts concerning the character
andor quality of the veh~le that i s the subject of this lawsuit Purchasers of the vehicle
justifiably relied upon these misrepresentations that induced and influenced them to purchase and
transport others in the Jeep Grand Cherokee sport utility vehicle including the vehicle in
question As a result Plaintiffs sustained severe traumatic debilitating injuries during the
incident and Cassidy Jannon lost her life Plaintiffs therefore invoke the DoctrinP of Strict
Liability contained in Section 402B of the R E S T A rdquo T (2ND) OF TORTS Furthermore
Plaintiffs allege that these misrepresentations o f material fact were a producing cause of the
injuries and damages sustained by Plaintiffs Defendant DC misrepresented its product as being
safe in spite of the following defects
a In failing to design the vehicle fuel supply system to be crashworthy
b In failing to design the vehicle in such manner that gasoline would not escape from
rhe fuel supply system in the event of foreseeable collisions
c In failing to wnstmct the fuel supply system so that it would contain fuel in the event
of fomeeable collisions
d In failing to design the fuel supply system in such a manner so a$ to prevent post-
collision fuel fed fires
e Xn failing to properly twt and evaluate the vehicle
f ln failing to properly guard or shield the vehiclersquos fuel tank and delivery system
13
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
j Failing to warn of dangers associated with the design ofthe fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashworthy manner
I Failing ul conduct adequate testing of the design of the fuel supply system for the
subject vehick
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifically of the dargerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to deign market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
q In rbe design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and protection of the fuel tank from
environmental hazards
r In the design of the subjcct vehicle which failed to restrict foreseeable f m from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
6
s In failmg to provide adequate warnings concerning the rear strucrurd cnsh
perfopmaow of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitamp
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing rhe fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within structure of the vehicle
C mitt L i i i t v of Men dant DC
15 Plaintiffs further allege that the 1993 Jeep Grand Cherokee sport utility vehicle
was defective and unsafe for its intended purposes at the time of its design by Defendant DC and
its sale mcVor transfer into the stream of commerce and that at the time Plaintiffs Jennifer
Jarmon and Casius Jannon took possession of the vehicle The 1993 Jeep Grand Cherokee
spxt utility vehicle was in substantially the same condition at the time of the collision involved
in this suit as when it was manufactured and distributed by Defendant DC The Plaintiffs wodd
further show rhat there were safer alternative designs far the subject vehicle fuel containment
system pursuant to 582005(a) and (b) TEX Crv PRAC amp REM CODE The product was
defectively designed and unmsonably dangerous to Plainriffs in that the design of the vehicle
made it unsafe for the following reasons
a In failing to design the vehicle fuel supply system to be crashworthy
7
b Xn failing to design the vehicle in such manner that gasoline would not escape from
the fuel supply system in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d In failing to design the fuel suppIy system in such a manner so as to prevent post-
collision fuel fed fms
e Xn failing to properly test amdevaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placcmcnt and packaging of the vehiclersquos fuel tank and fuel supply system
h h its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failig to wam of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashwoahy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehcle
m In failing to warn of the inadequate testkg of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to thc public in general and to these
8
Plaintiffs and deceased specifically of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
Substantial change after receiving sufficienr knowledge as to the nature of the defects
and the danger to the public
q In the design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and proWion of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
ciashworthy when fitted with a trailer bitch
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
V In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
9
w In designing the fuel tank for the vehicle in such a manner that it was dansrously
exposed to impacts and was not adequately protected within structme of the vehicle
16 Plaintiffs further allege that such defects in the design of the vehicle were a
producing cause of the death of Cassidy Jannon and the injuries and damages sustained by
Plaintiffs
D Breaamp of Imnlied Warrantv of Merchantability
17 The vehicle in question is a good for purposes of Ihe TEX BUS ampCorn CODE
and Defendant JX was a merchant with respect to goods of that kind Defendant DC breached
the implied warranty of merchantability set forth in TEX Bus amp COMM CODE $2314 by
selling amphe vehicle in question when i t was defective that is not fit for the ordinary purposes for
whichsuch goods are used because of the and crashwonhiness deficiencies described more fully
herein Such breach of warranty was a proximare cause of the injuries and damages to Plaintiffs
E lh-eaeh of Warranh of I3 tness for Particular Punmse
18 Defendant DC impliedly warranted to the public generally and specifically to
Plaintiffs that the 1993 Yecp Grand Cherokee was fit for che particular purpose for which the
vehicle was intended Defendant DC at the time of rhe design manufacm and sale of the
vehicle had reason to know of the particular purpose for which the vehicle and its fuel supply
system were required The Plaintiffs relied upon Defendant Ws skill and judgment to selea
and hrnish suitable goods and components The vehicle in question was unfit for the p w s e
for which it was intended to be used in one or more of the following particulars
a In failing to design the vehicle kuel supply s y s m to be crashworthy
b In failing tD design the vehicle in such manner that gasoline would not escape from
tbe fuel supply system in the event of foreseeable collisions
IO
of foreseeable collisions
d In failing to design the fuel supply system in such a manner so as to prevent post-
collision fuel fed fires
e In failing to properly test and evaluate the vehicle
f h fding to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placement and packaging of the vehiclersquos fuel tank and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
locarion on the vehicle that subjected it to hazards associated with the mvironment in
which it was locaLed
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to warn of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrasbworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehicle
m In Failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceaKd specifically of the dangexous propensities of the flawed design
of the fuel supply system on the subject vehicle
11
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfdling its cnmmon law and statutory
obligatiom to provide adequate warnings and to remedy such defects
p In continuing to ampsign market and selI this line of sport utility vehicles without
substantial change atkr receiving sufficient knowledge as to the name of the defects
and the danger to the public
q In the design of rhe subject vehicle which failed to correct serious rear structure
design deficiencies in Iccation mounting and protection of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to resuict foremable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear s t r u c d crash
perfomance of the vehicle when fitted with a traik two hitch
t In fa i l i i to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a tniler hitch
u In failing to design the rear structure of rhe vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing the fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and WBS not adequately protected wirhin structure of the vehicle
12
r
19 Plaintiffs suffered injuries and damages as set forth hereafter as a proximate result
of the breach of this warranty
F ampampreDreSeIlbtiwShiCt Liability Of Defendant DC
20 Plaintiffs allege that Defendant DC was in the business of marketing and selling
automobiles and made misrepresentations to the public of material facts concerning the character
andor quality of the veh~le that i s the subject of this lawsuit Purchasers of the vehicle
justifiably relied upon these misrepresentations that induced and influenced them to purchase and
transport others in the Jeep Grand Cherokee sport utility vehicle including the vehicle in
question As a result Plaintiffs sustained severe traumatic debilitating injuries during the
incident and Cassidy Jannon lost her life Plaintiffs therefore invoke the DoctrinP of Strict
Liability contained in Section 402B of the R E S T A rdquo T (2ND) OF TORTS Furthermore
Plaintiffs allege that these misrepresentations o f material fact were a producing cause of the
injuries and damages sustained by Plaintiffs Defendant DC misrepresented its product as being
safe in spite of the following defects
a In failing to design the vehicle fuel supply system to be crashworthy
b In failing to design the vehicle in such manner that gasoline would not escape from
rhe fuel supply system in the event of foreseeable collisions
c In failing to wnstmct the fuel supply system so that it would contain fuel in the event
of fomeeable collisions
d In failing to design the fuel supply system in such a manner so a$ to prevent post-
collision fuel fed fires
e Xn failing to properly twt and evaluate the vehicle
f ln failing to properly guard or shield the vehiclersquos fuel tank and delivery system
13
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
s In failmg to provide adequate warnings concerning the rear strucrurd cnsh
perfopmaow of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitamp
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing rhe fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within structure of the vehicle
C mitt L i i i t v of Men dant DC
15 Plaintiffs further allege that the 1993 Jeep Grand Cherokee sport utility vehicle
was defective and unsafe for its intended purposes at the time of its design by Defendant DC and
its sale mcVor transfer into the stream of commerce and that at the time Plaintiffs Jennifer
Jarmon and Casius Jannon took possession of the vehicle The 1993 Jeep Grand Cherokee
spxt utility vehicle was in substantially the same condition at the time of the collision involved
in this suit as when it was manufactured and distributed by Defendant DC The Plaintiffs wodd
further show rhat there were safer alternative designs far the subject vehicle fuel containment
system pursuant to 582005(a) and (b) TEX Crv PRAC amp REM CODE The product was
defectively designed and unmsonably dangerous to Plainriffs in that the design of the vehicle
made it unsafe for the following reasons
a In failing to design the vehicle fuel supply system to be crashworthy
7
b Xn failing to design the vehicle in such manner that gasoline would not escape from
the fuel supply system in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d In failing to design the fuel suppIy system in such a manner so as to prevent post-
collision fuel fed fms
e Xn failing to properly test amdevaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placcmcnt and packaging of the vehiclersquos fuel tank and fuel supply system
h h its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failig to wam of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashwoahy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehcle
m In failing to warn of the inadequate testkg of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to thc public in general and to these
8
Plaintiffs and deceased specifically of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
Substantial change after receiving sufficienr knowledge as to the nature of the defects
and the danger to the public
q In the design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and proWion of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
ciashworthy when fitted with a trailer bitch
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
V In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
9
w In designing the fuel tank for the vehicle in such a manner that it was dansrously
exposed to impacts and was not adequately protected within structme of the vehicle
16 Plaintiffs further allege that such defects in the design of the vehicle were a
producing cause of the death of Cassidy Jannon and the injuries and damages sustained by
Plaintiffs
D Breaamp of Imnlied Warrantv of Merchantability
17 The vehicle in question is a good for purposes of Ihe TEX BUS ampCorn CODE
and Defendant JX was a merchant with respect to goods of that kind Defendant DC breached
the implied warranty of merchantability set forth in TEX Bus amp COMM CODE $2314 by
selling amphe vehicle in question when i t was defective that is not fit for the ordinary purposes for
whichsuch goods are used because of the and crashwonhiness deficiencies described more fully
herein Such breach of warranty was a proximare cause of the injuries and damages to Plaintiffs
E lh-eaeh of Warranh of I3 tness for Particular Punmse
18 Defendant DC impliedly warranted to the public generally and specifically to
Plaintiffs that the 1993 Yecp Grand Cherokee was fit for che particular purpose for which the
vehicle was intended Defendant DC at the time of rhe design manufacm and sale of the
vehicle had reason to know of the particular purpose for which the vehicle and its fuel supply
system were required The Plaintiffs relied upon Defendant Ws skill and judgment to selea
and hrnish suitable goods and components The vehicle in question was unfit for the p w s e
for which it was intended to be used in one or more of the following particulars
a In failing to design the vehicle kuel supply s y s m to be crashworthy
b In failing tD design the vehicle in such manner that gasoline would not escape from
tbe fuel supply system in the event of foreseeable collisions
IO
of foreseeable collisions
d In failing to design the fuel supply system in such a manner so as to prevent post-
collision fuel fed fires
e In failing to properly test and evaluate the vehicle
f h fding to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placement and packaging of the vehiclersquos fuel tank and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
locarion on the vehicle that subjected it to hazards associated with the mvironment in
which it was locaLed
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to warn of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrasbworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehicle
m In Failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceaKd specifically of the dangexous propensities of the flawed design
of the fuel supply system on the subject vehicle
11
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfdling its cnmmon law and statutory
obligatiom to provide adequate warnings and to remedy such defects
p In continuing to ampsign market and selI this line of sport utility vehicles without
substantial change atkr receiving sufficient knowledge as to the name of the defects
and the danger to the public
q In the design of rhe subject vehicle which failed to correct serious rear structure
design deficiencies in Iccation mounting and protection of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to resuict foremable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear s t r u c d crash
perfomance of the vehicle when fitted with a traik two hitch
t In fa i l i i to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a tniler hitch
u In failing to design the rear structure of rhe vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing the fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and WBS not adequately protected wirhin structure of the vehicle
12
r
19 Plaintiffs suffered injuries and damages as set forth hereafter as a proximate result
of the breach of this warranty
F ampampreDreSeIlbtiwShiCt Liability Of Defendant DC
20 Plaintiffs allege that Defendant DC was in the business of marketing and selling
automobiles and made misrepresentations to the public of material facts concerning the character
andor quality of the veh~le that i s the subject of this lawsuit Purchasers of the vehicle
justifiably relied upon these misrepresentations that induced and influenced them to purchase and
transport others in the Jeep Grand Cherokee sport utility vehicle including the vehicle in
question As a result Plaintiffs sustained severe traumatic debilitating injuries during the
incident and Cassidy Jannon lost her life Plaintiffs therefore invoke the DoctrinP of Strict
Liability contained in Section 402B of the R E S T A rdquo T (2ND) OF TORTS Furthermore
Plaintiffs allege that these misrepresentations o f material fact were a producing cause of the
injuries and damages sustained by Plaintiffs Defendant DC misrepresented its product as being
safe in spite of the following defects
a In failing to design the vehicle fuel supply system to be crashworthy
b In failing to design the vehicle in such manner that gasoline would not escape from
rhe fuel supply system in the event of foreseeable collisions
c In failing to wnstmct the fuel supply system so that it would contain fuel in the event
of fomeeable collisions
d In failing to design the fuel supply system in such a manner so a$ to prevent post-
collision fuel fed fires
e Xn failing to properly twt and evaluate the vehicle
f ln failing to properly guard or shield the vehiclersquos fuel tank and delivery system
13
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
b Xn failing to design the vehicle in such manner that gasoline would not escape from
the fuel supply system in the event of foreseeable collisions
c In failing to construct the fuel supply system so that it would contain fuel in the event
of foreseeable collisions
d In failing to design the fuel suppIy system in such a manner so as to prevent post-
collision fuel fed fms
e Xn failing to properly test amdevaluate the vehicle
f In failing to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placcmcnt and packaging of the vehiclersquos fuel tank and fuel supply system
h h its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failig to wam of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrashwoahy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehcle
m In failing to warn of the inadequate testkg of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to thc public in general and to these
8
Plaintiffs and deceased specifically of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
Substantial change after receiving sufficienr knowledge as to the nature of the defects
and the danger to the public
q In the design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and proWion of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
ciashworthy when fitted with a trailer bitch
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
V In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
9
w In designing the fuel tank for the vehicle in such a manner that it was dansrously
exposed to impacts and was not adequately protected within structme of the vehicle
16 Plaintiffs further allege that such defects in the design of the vehicle were a
producing cause of the death of Cassidy Jannon and the injuries and damages sustained by
Plaintiffs
D Breaamp of Imnlied Warrantv of Merchantability
17 The vehicle in question is a good for purposes of Ihe TEX BUS ampCorn CODE
and Defendant JX was a merchant with respect to goods of that kind Defendant DC breached
the implied warranty of merchantability set forth in TEX Bus amp COMM CODE $2314 by
selling amphe vehicle in question when i t was defective that is not fit for the ordinary purposes for
whichsuch goods are used because of the and crashwonhiness deficiencies described more fully
herein Such breach of warranty was a proximare cause of the injuries and damages to Plaintiffs
E lh-eaeh of Warranh of I3 tness for Particular Punmse
18 Defendant DC impliedly warranted to the public generally and specifically to
Plaintiffs that the 1993 Yecp Grand Cherokee was fit for che particular purpose for which the
vehicle was intended Defendant DC at the time of rhe design manufacm and sale of the
vehicle had reason to know of the particular purpose for which the vehicle and its fuel supply
system were required The Plaintiffs relied upon Defendant Ws skill and judgment to selea
and hrnish suitable goods and components The vehicle in question was unfit for the p w s e
for which it was intended to be used in one or more of the following particulars
a In failing to design the vehicle kuel supply s y s m to be crashworthy
b In failing tD design the vehicle in such manner that gasoline would not escape from
tbe fuel supply system in the event of foreseeable collisions
IO
of foreseeable collisions
d In failing to design the fuel supply system in such a manner so as to prevent post-
collision fuel fed fires
e In failing to properly test and evaluate the vehicle
f h fding to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placement and packaging of the vehiclersquos fuel tank and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
locarion on the vehicle that subjected it to hazards associated with the mvironment in
which it was locaLed
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to warn of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrasbworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehicle
m In Failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceaKd specifically of the dangexous propensities of the flawed design
of the fuel supply system on the subject vehicle
11
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfdling its cnmmon law and statutory
obligatiom to provide adequate warnings and to remedy such defects
p In continuing to ampsign market and selI this line of sport utility vehicles without
substantial change atkr receiving sufficient knowledge as to the name of the defects
and the danger to the public
q In the design of rhe subject vehicle which failed to correct serious rear structure
design deficiencies in Iccation mounting and protection of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to resuict foremable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear s t r u c d crash
perfomance of the vehicle when fitted with a traik two hitch
t In fa i l i i to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a tniler hitch
u In failing to design the rear structure of rhe vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing the fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and WBS not adequately protected wirhin structure of the vehicle
12
r
19 Plaintiffs suffered injuries and damages as set forth hereafter as a proximate result
of the breach of this warranty
F ampampreDreSeIlbtiwShiCt Liability Of Defendant DC
20 Plaintiffs allege that Defendant DC was in the business of marketing and selling
automobiles and made misrepresentations to the public of material facts concerning the character
andor quality of the veh~le that i s the subject of this lawsuit Purchasers of the vehicle
justifiably relied upon these misrepresentations that induced and influenced them to purchase and
transport others in the Jeep Grand Cherokee sport utility vehicle including the vehicle in
question As a result Plaintiffs sustained severe traumatic debilitating injuries during the
incident and Cassidy Jannon lost her life Plaintiffs therefore invoke the DoctrinP of Strict
Liability contained in Section 402B of the R E S T A rdquo T (2ND) OF TORTS Furthermore
Plaintiffs allege that these misrepresentations o f material fact were a producing cause of the
injuries and damages sustained by Plaintiffs Defendant DC misrepresented its product as being
safe in spite of the following defects
a In failing to design the vehicle fuel supply system to be crashworthy
b In failing to design the vehicle in such manner that gasoline would not escape from
rhe fuel supply system in the event of foreseeable collisions
c In failing to wnstmct the fuel supply system so that it would contain fuel in the event
of fomeeable collisions
d In failing to design the fuel supply system in such a manner so a$ to prevent post-
collision fuel fed fires
e Xn failing to properly twt and evaluate the vehicle
f ln failing to properly guard or shield the vehiclersquos fuel tank and delivery system
13
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
Plaintiffs and deceased specifically of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and statutory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
Substantial change after receiving sufficienr knowledge as to the nature of the defects
and the danger to the public
q In the design of the subject vehicle which failed to correct serious rear structure
design deficiencies in location mounting and proWion of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
ciashworthy when fitted with a trailer bitch
u In failing to design the rear structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
V In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
9
w In designing the fuel tank for the vehicle in such a manner that it was dansrously
exposed to impacts and was not adequately protected within structme of the vehicle
16 Plaintiffs further allege that such defects in the design of the vehicle were a
producing cause of the death of Cassidy Jannon and the injuries and damages sustained by
Plaintiffs
D Breaamp of Imnlied Warrantv of Merchantability
17 The vehicle in question is a good for purposes of Ihe TEX BUS ampCorn CODE
and Defendant JX was a merchant with respect to goods of that kind Defendant DC breached
the implied warranty of merchantability set forth in TEX Bus amp COMM CODE $2314 by
selling amphe vehicle in question when i t was defective that is not fit for the ordinary purposes for
whichsuch goods are used because of the and crashwonhiness deficiencies described more fully
herein Such breach of warranty was a proximare cause of the injuries and damages to Plaintiffs
E lh-eaeh of Warranh of I3 tness for Particular Punmse
18 Defendant DC impliedly warranted to the public generally and specifically to
Plaintiffs that the 1993 Yecp Grand Cherokee was fit for che particular purpose for which the
vehicle was intended Defendant DC at the time of rhe design manufacm and sale of the
vehicle had reason to know of the particular purpose for which the vehicle and its fuel supply
system were required The Plaintiffs relied upon Defendant Ws skill and judgment to selea
and hrnish suitable goods and components The vehicle in question was unfit for the p w s e
for which it was intended to be used in one or more of the following particulars
a In failing to design the vehicle kuel supply s y s m to be crashworthy
b In failing tD design the vehicle in such manner that gasoline would not escape from
tbe fuel supply system in the event of foreseeable collisions
IO
of foreseeable collisions
d In failing to design the fuel supply system in such a manner so as to prevent post-
collision fuel fed fires
e In failing to properly test and evaluate the vehicle
f h fding to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placement and packaging of the vehiclersquos fuel tank and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
locarion on the vehicle that subjected it to hazards associated with the mvironment in
which it was locaLed
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to warn of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrasbworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehicle
m In Failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceaKd specifically of the dangexous propensities of the flawed design
of the fuel supply system on the subject vehicle
11
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfdling its cnmmon law and statutory
obligatiom to provide adequate warnings and to remedy such defects
p In continuing to ampsign market and selI this line of sport utility vehicles without
substantial change atkr receiving sufficient knowledge as to the name of the defects
and the danger to the public
q In the design of rhe subject vehicle which failed to correct serious rear structure
design deficiencies in Iccation mounting and protection of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to resuict foremable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear s t r u c d crash
perfomance of the vehicle when fitted with a traik two hitch
t In fa i l i i to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a tniler hitch
u In failing to design the rear structure of rhe vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing the fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and WBS not adequately protected wirhin structure of the vehicle
12
r
19 Plaintiffs suffered injuries and damages as set forth hereafter as a proximate result
of the breach of this warranty
F ampampreDreSeIlbtiwShiCt Liability Of Defendant DC
20 Plaintiffs allege that Defendant DC was in the business of marketing and selling
automobiles and made misrepresentations to the public of material facts concerning the character
andor quality of the veh~le that i s the subject of this lawsuit Purchasers of the vehicle
justifiably relied upon these misrepresentations that induced and influenced them to purchase and
transport others in the Jeep Grand Cherokee sport utility vehicle including the vehicle in
question As a result Plaintiffs sustained severe traumatic debilitating injuries during the
incident and Cassidy Jannon lost her life Plaintiffs therefore invoke the DoctrinP of Strict
Liability contained in Section 402B of the R E S T A rdquo T (2ND) OF TORTS Furthermore
Plaintiffs allege that these misrepresentations o f material fact were a producing cause of the
injuries and damages sustained by Plaintiffs Defendant DC misrepresented its product as being
safe in spite of the following defects
a In failing to design the vehicle fuel supply system to be crashworthy
b In failing to design the vehicle in such manner that gasoline would not escape from
rhe fuel supply system in the event of foreseeable collisions
c In failing to wnstmct the fuel supply system so that it would contain fuel in the event
of fomeeable collisions
d In failing to design the fuel supply system in such a manner so a$ to prevent post-
collision fuel fed fires
e Xn failing to properly twt and evaluate the vehicle
f ln failing to properly guard or shield the vehiclersquos fuel tank and delivery system
13
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
w In designing the fuel tank for the vehicle in such a manner that it was dansrously
exposed to impacts and was not adequately protected within structme of the vehicle
16 Plaintiffs further allege that such defects in the design of the vehicle were a
producing cause of the death of Cassidy Jannon and the injuries and damages sustained by
Plaintiffs
D Breaamp of Imnlied Warrantv of Merchantability
17 The vehicle in question is a good for purposes of Ihe TEX BUS ampCorn CODE
and Defendant JX was a merchant with respect to goods of that kind Defendant DC breached
the implied warranty of merchantability set forth in TEX Bus amp COMM CODE $2314 by
selling amphe vehicle in question when i t was defective that is not fit for the ordinary purposes for
whichsuch goods are used because of the and crashwonhiness deficiencies described more fully
herein Such breach of warranty was a proximare cause of the injuries and damages to Plaintiffs
E lh-eaeh of Warranh of I3 tness for Particular Punmse
18 Defendant DC impliedly warranted to the public generally and specifically to
Plaintiffs that the 1993 Yecp Grand Cherokee was fit for che particular purpose for which the
vehicle was intended Defendant DC at the time of rhe design manufacm and sale of the
vehicle had reason to know of the particular purpose for which the vehicle and its fuel supply
system were required The Plaintiffs relied upon Defendant Ws skill and judgment to selea
and hrnish suitable goods and components The vehicle in question was unfit for the p w s e
for which it was intended to be used in one or more of the following particulars
a In failing to design the vehicle kuel supply s y s m to be crashworthy
b In failing tD design the vehicle in such manner that gasoline would not escape from
tbe fuel supply system in the event of foreseeable collisions
IO
of foreseeable collisions
d In failing to design the fuel supply system in such a manner so as to prevent post-
collision fuel fed fires
e In failing to properly test and evaluate the vehicle
f h fding to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placement and packaging of the vehiclersquos fuel tank and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
locarion on the vehicle that subjected it to hazards associated with the mvironment in
which it was locaLed
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to warn of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrasbworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehicle
m In Failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceaKd specifically of the dangexous propensities of the flawed design
of the fuel supply system on the subject vehicle
11
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfdling its cnmmon law and statutory
obligatiom to provide adequate warnings and to remedy such defects
p In continuing to ampsign market and selI this line of sport utility vehicles without
substantial change atkr receiving sufficient knowledge as to the name of the defects
and the danger to the public
q In the design of rhe subject vehicle which failed to correct serious rear structure
design deficiencies in Iccation mounting and protection of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to resuict foremable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear s t r u c d crash
perfomance of the vehicle when fitted with a traik two hitch
t In fa i l i i to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a tniler hitch
u In failing to design the rear structure of rhe vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing the fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and WBS not adequately protected wirhin structure of the vehicle
12
r
19 Plaintiffs suffered injuries and damages as set forth hereafter as a proximate result
of the breach of this warranty
F ampampreDreSeIlbtiwShiCt Liability Of Defendant DC
20 Plaintiffs allege that Defendant DC was in the business of marketing and selling
automobiles and made misrepresentations to the public of material facts concerning the character
andor quality of the veh~le that i s the subject of this lawsuit Purchasers of the vehicle
justifiably relied upon these misrepresentations that induced and influenced them to purchase and
transport others in the Jeep Grand Cherokee sport utility vehicle including the vehicle in
question As a result Plaintiffs sustained severe traumatic debilitating injuries during the
incident and Cassidy Jannon lost her life Plaintiffs therefore invoke the DoctrinP of Strict
Liability contained in Section 402B of the R E S T A rdquo T (2ND) OF TORTS Furthermore
Plaintiffs allege that these misrepresentations o f material fact were a producing cause of the
injuries and damages sustained by Plaintiffs Defendant DC misrepresented its product as being
safe in spite of the following defects
a In failing to design the vehicle fuel supply system to be crashworthy
b In failing to design the vehicle in such manner that gasoline would not escape from
rhe fuel supply system in the event of foreseeable collisions
c In failing to wnstmct the fuel supply system so that it would contain fuel in the event
of fomeeable collisions
d In failing to design the fuel supply system in such a manner so a$ to prevent post-
collision fuel fed fires
e Xn failing to properly twt and evaluate the vehicle
f ln failing to properly guard or shield the vehiclersquos fuel tank and delivery system
13
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
of foreseeable collisions
d In failing to design the fuel supply system in such a manner so as to prevent post-
collision fuel fed fires
e In failing to properly test and evaluate the vehicle
f h fding to properly guard or shield the vehiclersquos fuel tank and delivery system
g In the placement and packaging of the vehiclersquos fuel tank and fuel supply system
h In its design of the fuel supply system in positioning the vehiclersquos fuel tank at a
locarion on the vehicle that subjected it to hazards associated with the mvironment in
which it was locaLed
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to warn of dangers associated with the design of the fuel supply system and its
position on the vehicle
k In it design of the fuel supply system in an uncrasbworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subject vehicle
m In Failing to warn of the inadequate testing of the design of the fuel supply system for
the subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceaKd specifically of the dangexous propensities of the flawed design
of the fuel supply system on the subject vehicle
11
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfdling its cnmmon law and statutory
obligatiom to provide adequate warnings and to remedy such defects
p In continuing to ampsign market and selI this line of sport utility vehicles without
substantial change atkr receiving sufficient knowledge as to the name of the defects
and the danger to the public
q In the design of rhe subject vehicle which failed to correct serious rear structure
design deficiencies in Iccation mounting and protection of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to resuict foremable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear s t r u c d crash
perfomance of the vehicle when fitted with a traik two hitch
t In fa i l i i to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a tniler hitch
u In failing to design the rear structure of rhe vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing the fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and WBS not adequately protected wirhin structure of the vehicle
12
r
19 Plaintiffs suffered injuries and damages as set forth hereafter as a proximate result
of the breach of this warranty
F ampampreDreSeIlbtiwShiCt Liability Of Defendant DC
20 Plaintiffs allege that Defendant DC was in the business of marketing and selling
automobiles and made misrepresentations to the public of material facts concerning the character
andor quality of the veh~le that i s the subject of this lawsuit Purchasers of the vehicle
justifiably relied upon these misrepresentations that induced and influenced them to purchase and
transport others in the Jeep Grand Cherokee sport utility vehicle including the vehicle in
question As a result Plaintiffs sustained severe traumatic debilitating injuries during the
incident and Cassidy Jannon lost her life Plaintiffs therefore invoke the DoctrinP of Strict
Liability contained in Section 402B of the R E S T A rdquo T (2ND) OF TORTS Furthermore
Plaintiffs allege that these misrepresentations o f material fact were a producing cause of the
injuries and damages sustained by Plaintiffs Defendant DC misrepresented its product as being
safe in spite of the following defects
a In failing to design the vehicle fuel supply system to be crashworthy
b In failing to design the vehicle in such manner that gasoline would not escape from
rhe fuel supply system in the event of foreseeable collisions
c In failing to wnstmct the fuel supply system so that it would contain fuel in the event
of fomeeable collisions
d In failing to design the fuel supply system in such a manner so a$ to prevent post-
collision fuel fed fires
e Xn failing to properly twt and evaluate the vehicle
f ln failing to properly guard or shield the vehiclersquos fuel tank and delivery system
13
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
0 In acting to conceal defects and dangers in its products from the public from injured
persons and governmental entities rather than fulfdling its cnmmon law and statutory
obligatiom to provide adequate warnings and to remedy such defects
p In continuing to ampsign market and selI this line of sport utility vehicles without
substantial change atkr receiving sufficient knowledge as to the name of the defects
and the danger to the public
q In the design of rhe subject vehicle which failed to correct serious rear structure
design deficiencies in Iccation mounting and protection of the fuel tank from
environmental hazards
r In the design of the subject vehicle which failed to resuict foremable fires from
rapidly entering into the occupant compartment of the vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear s t r u c d crash
perfomance of the vehicle when fitted with a traik two hitch
t In fa i l i i to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a tniler hitch
u In failing to design the rear structure of rhe vehicle in such a manner that the vehicle
would be crashworthy in rear impacts
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a rear crash and
w In designing the fuel tank for the vehicle in such a manner that it was dangerously
exposed to impacts and WBS not adequately protected wirhin structure of the vehicle
12
r
19 Plaintiffs suffered injuries and damages as set forth hereafter as a proximate result
of the breach of this warranty
F ampampreDreSeIlbtiwShiCt Liability Of Defendant DC
20 Plaintiffs allege that Defendant DC was in the business of marketing and selling
automobiles and made misrepresentations to the public of material facts concerning the character
andor quality of the veh~le that i s the subject of this lawsuit Purchasers of the vehicle
justifiably relied upon these misrepresentations that induced and influenced them to purchase and
transport others in the Jeep Grand Cherokee sport utility vehicle including the vehicle in
question As a result Plaintiffs sustained severe traumatic debilitating injuries during the
incident and Cassidy Jannon lost her life Plaintiffs therefore invoke the DoctrinP of Strict
Liability contained in Section 402B of the R E S T A rdquo T (2ND) OF TORTS Furthermore
Plaintiffs allege that these misrepresentations o f material fact were a producing cause of the
injuries and damages sustained by Plaintiffs Defendant DC misrepresented its product as being
safe in spite of the following defects
a In failing to design the vehicle fuel supply system to be crashworthy
b In failing to design the vehicle in such manner that gasoline would not escape from
rhe fuel supply system in the event of foreseeable collisions
c In failing to wnstmct the fuel supply system so that it would contain fuel in the event
of fomeeable collisions
d In failing to design the fuel supply system in such a manner so a$ to prevent post-
collision fuel fed fires
e Xn failing to properly twt and evaluate the vehicle
f ln failing to properly guard or shield the vehiclersquos fuel tank and delivery system
13
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
19 Plaintiffs suffered injuries and damages as set forth hereafter as a proximate result
of the breach of this warranty
F ampampreDreSeIlbtiwShiCt Liability Of Defendant DC
20 Plaintiffs allege that Defendant DC was in the business of marketing and selling
automobiles and made misrepresentations to the public of material facts concerning the character
andor quality of the veh~le that i s the subject of this lawsuit Purchasers of the vehicle
justifiably relied upon these misrepresentations that induced and influenced them to purchase and
transport others in the Jeep Grand Cherokee sport utility vehicle including the vehicle in
question As a result Plaintiffs sustained severe traumatic debilitating injuries during the
incident and Cassidy Jannon lost her life Plaintiffs therefore invoke the DoctrinP of Strict
Liability contained in Section 402B of the R E S T A rdquo T (2ND) OF TORTS Furthermore
Plaintiffs allege that these misrepresentations o f material fact were a producing cause of the
injuries and damages sustained by Plaintiffs Defendant DC misrepresented its product as being
safe in spite of the following defects
a In failing to design the vehicle fuel supply system to be crashworthy
b In failing to design the vehicle in such manner that gasoline would not escape from
rhe fuel supply system in the event of foreseeable collisions
c In failing to wnstmct the fuel supply system so that it would contain fuel in the event
of fomeeable collisions
d In failing to design the fuel supply system in such a manner so a$ to prevent post-
collision fuel fed fires
e Xn failing to properly twt and evaluate the vehicle
f ln failing to properly guard or shield the vehiclersquos fuel tank and delivery system
13
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
g In the placement and packaging of the vehiclersquos fuel rank and Fuel supply system
h In its design of the fuei supply system in positioning the vehiclersquos fuel tank at a
location on the vehicle that subjected it to hazards associated with the environment in
which it was located
i In designing the fuel supply system such that the vehiclersquos tank was inadequately
protected from environmental hazards in on and about its surrounding tank
j Failing to wam of dangers associated with the design of the fuel supply systemand it$
position on the vehicle
k In i t design of the fuel supply system in an uncrashworthy manner
1 Failing to conduct adequate testing of the design of the fuel supply system for the
subjecr vehicle
m In failing to warn of the inadequate testing of the design of the fuel supply system for
the Subject vehicle
n Failing to provide adequate warnings to the public in general and to these
Plaintiffs and deceased specifcally of the dangerous propensities of the flawed design
of the fuel supply system on the subject vehicle
0 In acting to conceal defects and daugers in its products from the public from injured
persons and governmental entities rather than fulfilling its common law and sta~tory
obligations to provide adequate warnings and to remedy such defects
p In continuing to design market and sell this line of sport utility vehicles without
substantial change after receiving sufficient knowledge as to the nature of the defects
and the danger to the public
14
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
q In the design of the subjcct vehicle which failed to correct serious rear structure
design deficiencies in location rnounhnamp and protection of the fuel tank from
envixonmental hazards
r In the design of the subject vehicle which failed to restrict foreseeable fues from
rapidly entering into tk occupant compartment of rhe vehicle thus limiting the timely
rescue of accident victims
s In failing to provide adequate warnings concerning the rear structural crash
performance of the vehicle when fitted with a trailer two hitch
t In failing to design the vehicle in such a manner that the rear structure was
crashworthy when fitted with a trailer hitch
u In failing to ampsign the mar structure of the vehicle in such a manner that the vehicle
would be crashworthy in rear impacrs
v In failing to design the vehicle with adequate rear under-ride protection in the event
of a fear crash and
w In designing the fuel tank for Ihe vehicle in such a manner that it was dangerously
exposed to impacts and was not adequately protected within s t r u c m of the vehicle
G Joint and Several L iability
21 Plaintiffs would further show this honorable Court and jury that each and all of
the foregoing acts and omissions taken singularly or in combination with the other were the
proximate andor producing cause of the death of Cassidy Jarmon and the injuries and damages
suffered by Plaintiffs Therefore Plaintiffs complain of Refendam jointly and severally
15
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
VII SURVIVAL ACTION - 871021 et s e a TEX CIV FC amp ]REM CODE
22 Plaintiffs Jennifer Jarmon and Cassius Jarmon Individually and as Co-
Administrators of the Estate of Cassidy Jarmon SUE pursuant to $71021 er seq TEX C1V PRAC
amp REM CODE for Defendants negligence and strict liability in tort misrepresentations and
breach of warranty which were a proximatepducing cause of the injuries and damages
sustained by Cassidy Jamon prior ta her death as well as for all other damages allowed by law
including the following elements in an amount within the jurisdictional limits ofthis Court
a The reasonable and customary expenses for autopsy funeral and burial for
decedent
Reasonable and necessary hospital and medical expenses
Physical pain agony and suffering experienced by decedent and
Mental anguish and suffering including the fear and d i s k s associated with
imminent death
b
c
d
m WRONGFUL DEATH - S 71001 ct SW TEX CIV PRAC amp REM CODE
23 In addition to the other legal bases previously pleaded herein this action is
bmght by Plaintiffs Jennifer Jarmon and Cassius J m o n Individually as statutou beneficiaries
Of Cassidy armo on pursuant to $71001 et seq O f the TEX CN PRAC ampREM CODE commonly
referred to as the Wronl Death Act on behalf of statutory beneficimks of Cassidy Jarmon
pursumt to $71004 TEX CIV h A C amp REM CODE for damages sustained by Plaintiffs of which
the negligence and strict liability in ton of Defendants was a producingproximte cause
16
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
Plaintiffs should be compensated in an mount in excess of the jurisdictional limits of this Court
considering the following elements of damages
a Pecuniary loss includmg loss of care maintenance support services advice
counsel and reasonable contributions of a pecuniary value that Piaintjffs Jennifer
and Cassius Jarmon Individually and as Cc-Administrators of the Estate of
Cassidy Jannon aud as Next Friends of Callie Jarmon a minor child would in
reasonable probability have received from the decedent Cassidy Jamon had she
lived
Loss of Companionship and society including the loss of the positive benefits
flowing from the love comfort affmion companionship and society that
Plaintiffs Jennifer and Cassius Jarmon Individually and as Co-Adrmnistraton of
the Estate of Cassidy Jarmon and as Next Friends of Callie Jarmon a minor
child would in reasonable probability have received from the decedent Cassidy
Jarmon had she lived
Mental depression and mental anguish and
Reasonable and necessary expenses associated with autopsy funeral and burial
b
c
d
Ix DAMAGES
24 As a result of the injuries to and death of Cassidy Jarmon Deceased as herein set
out Plaintiffs Jennifer and Cassius J-n Individually and 8s Co-Administrators of the Estate
of Cassidy Jarmon and as Nexr Friends of Callie Jarmon a nunor child are entitled to the
recovery of survival and wrongful death dam- including but not limited to the following
a
b
The reasonable and customary funeral and burial expenses for decedent
Physical pain agony and suffering and
17
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
c Mental ma- and suffering iocluding the fear a d distress associated with
imminent death
As a result of thc injuries to and death of Cassidy Jarmon BS herein set out
Plaintiffs Jennifer and Cassius Jarmon Individually and ag Co-Administrators of the Estate of
Cassidy Jarmon and as Next Friends of Cal)ie Jarmon a minor child are entitled to the recovery
of survival and wrongful death damages including but not limited to the following
25
a Mental anguish grief sorrow emotional pain torment and suffering experienced
by Plaintiffs Jennifer and Cassius Jmon Individually and as Co-Administrators
of the Estate of Cassidy Jarman and as Next Friends of Callie Jarmon a minor
child in the past associated with the loss ofthe decedent
Mental anguish mental depression Nef m o w emotional pain torment and
suffering experienced by Plaintiffs Jennifer and Cassius Jarmon Individually and
as Co-Administrators of the Estate of Cassidy Jarmon and as Next Friends of
Callie J m o n a minor child which in all rrasonable probability will continue in
the future
Loss of consortium and sociery in the past
Loss of consortium and society which in all reasonable probability will continue
in the future
Loss of pecuniary benefits in the past and
Loss of pecuniary benefits which in all reasonable probability will continue in
the future
b
c
d
e
f
18
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
X PERSONAL INJUR Y DAM4 GES TO CALLIE JARMON
26 Plaintiffs Jennifer and Cassius Jarmon as Next Priends of Callie Jarmon a minor
child would show that as a proximatelproducing result of the conduct of the Defendants both in
nedigcnce and strict liability Callie Jarmon sustained severe permanent disability and
disfiguring injuries which have caused her damage and in reasonable probability will continue
to cause her damages for the remainder of her natural life As a result of those injuries Plaintiffs
should be compensated considering the following elements of damage
a
b
C
d
e
f
0 C1
h
i
j
Pain suffering and mental anguish in the past
Pain suffering and mental anguish which in reasonable probability she will
sustain in the future
Past medical hospital surgical and rehabilitative expenses
Medical hospital surgical and rehabilitative expenses which in reasonabIe
probability she will sustain in the future
Disfiwment in the past
Disfigurement which in reasonable probability she will sustain in the future
Physical impairment in the past
Physical impairment which is reasonably probable that she will suffer in the
future
Last earnings and earning capacity which in reasonable probability she will
sustain in the future after her eighteenth birthday and
ReasonabIe and necessary costs for anendant care which in reasonable
probability she will require in the futum
19
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
XI DIRECT PERSONAL IN0 RY DAMAGES TO JENNIFER JARMON AND
BYSTANDER CLAIMS OF JENNIFER JARMON ANI CA SSKS JARMON
27 As a direct and proximare result of the Defendants negligence as above
described Plaintiff Jennifer Jannon sustained severe personal injuries which she will endure in
the future Additionally Jennifer Jarmon and Cassius Jarmon suffered severe mental pain and
suffering since the perception of the occurrence made the basis of this suit and of the injuries and
harm sustained by their daughhters Cassidy Jarmon and Callie Jarmon In particular Plaintiffs
will show that immediately afm the occurrence made the basis of this suit they have
experienced extreme nervousness distractibility physical illness difficulty sleeping difficulty
concentrating and fear They have incurred and will continue to incur reasonable and necessary
expenses for medical care and treatment of these conditions Plaintiffs sue for a sum within the
jurisdictional limits of this Court for these injuries
XLL EXEhWLARY DAMAGJIS
28 In addition to and including the above Plaintiffs would show this honorable Court
and the jury that the acts practices and omissions of Defendant DC constitute clear and
convincing evidence as dehed by 841001 of the Texas Civil Practice and Remedies Code of
gross negligence on the part of Defendant in that such acts practices andor omissions a) when
viewed objectively from the standpoint of the Defendant at the time of its occurrence involved an
e x w m degree of risk considering the probability and magnitude of the potential harm to others
and b) of which the Defendant had actual subjective awareness of the risks involved but
nevertheless proceeded with conscious indiffexence to the rights safety or welfare of others
including Plaintiffs and Cassidy Jarmon Deceased It is from chese spwified circumstaaces
constituting gross negligence on the part of Defendant DC that the injuries and damages
20
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
complained of herein arose Accodingly Plaintiffs saek recovery of exemplary damages herein
against Defendant LX in an amount equal to the greater of two times the amount of economic
damages herein plus an amount q u a l to any noneconomic damages found by the jury not to
cxcecd $75000000 or $200~00
m PRIIJUDCMENTINTEREST
29 The above and foregoing acts andor omissions of Defendant Dc have caused
damages to Plaintiffs that entitle them to the recovery of prejudgment mterest on the damages
sustained
P R A W
WHEREFORE PMMSES CONSIDERED Plaintiffs pray that upon final trial hereof
Plaintiffs have judgment against Defendants jointly and severally in an amount in excess of the
jurisdictional limits of this Court together with their costs prejudgment and post-judgment
interest as allowed by law attorneys fees as allowed by law exemplary damages as deterrmned
by the trier of fact and that Plaintiffs be granted such other and b t h e r relief at law or in equity
general or special to whch they may show themselves justly entitled
Respectfully submitted
WALTMAN 8 G a r s w
LYM A Grisham State Bar No 08505500 Robert B Wdtman State Bar No 20822500 701 Texas Avenue Suite 106D College Station Texas 77840 Telephone 9796940900 Facsimile 979693-0840
21
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
THE COOKE WILSON LAW FIRM PC Chistopher C Cook State Bar No 00795303 16 N Mill Sheet Clebume TX 76033 Telephone 81755amp1811 Facsimile 8171558-1846
ATTORNEYS FOR PLAwrIFFS
PLMNTIFPS REQUEST A TRIAL BY JURY
F
CERTIFICATE OF SERVICE
I hereby certify that pursuant to TEX R CN P 2la a true and cohect copy of the foregoing has been forwarded via hand delivery telephonic document transfer andor ovemight mail andor US Mail Certified R e m Receipt Requested to all attorneys of record on this the - day of 2007
Lynn A Crrisham
22
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
O c t 1 5 2 0 0 9 4 02PM W a l t m a n amp G r i s h a m 9 7 9 - 6 9 3 - 0 8 4 0 N o 9 6 0 6 P 3
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
Page 1 of 2 FARS Encyclopedia
2006 Fatality Analysis Reporting System e ACCIDENT LEVEL US DapmnwtofTm ~d~~~
01-Prhcipl AtWIal 11PrIndplArtsrisl- InWslale
03-Mimr Atterid 14h4imr Artmi01 MMajor Cal+r 15-Colledor
16-Local Road or S b t eetlO-Unknown Urban
LOCAL STREET 5-Sand Din Oil
ODNOI collum with tmw vehicle Ol-Front4oRar (indudes Rear-Endl 02-Fmnt-tDFmnt (mduder Head-on) OS-Front-bSide S m D i d o n M-FmnthkSm OFQOamp~ DireeZiOn
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
FARS Encyclopedia Page 2 of 2
D M n l m n c d E x i t ~ Relaled 14-Cros80ver-Reiated ARRIVAL TIME EMS 15-Olher Locsbon In lnlwchnwe W-Rad GIamp Cmsa+o
07-CmuOW-Waled 19 -UnWn Inlerchange ampea 0 8 - D m a y Accaaa Related w - u n w n WWNdNoWled 8998-Unknown if Arnved OO-Unknorm - Non-lnterchange 0097-Canceled 99QOUnLmwn
Mrtary Time Exwt
RELATION TO ROADWAY m EMS TIME AT HOSPITAL 01-On Roadway 02-Shwldef 03-Median w-Roadr(de
~
o g ~ f Roadway - Lwtmn unknaun M m V m e ficepv 07-In PaMw Lane 1o-sspram 0097-Can081ed 00SOUnknown
Lane
WW-NotTmsprted 9998Unknown if Transparled
1 1-Two-way Continuous LBR-Turn RELATED FACTORS 101010 IP ACCIDE NT RELATED FACTORS CODES
I I - 2-Dindsd Hghway Msdian Svlp (Wthoul Tramc Bemarl Ramp 3-Chvd~I Hlphwy Msddrn Svlp (wm Tram Earner) Wnknam
NUMBER OF TRAVEL LANES u ~
m a l Valw Exw 7 - S e m or MOR Lams 9-Unknown
1 httpwww-fars n dot ~ o ~ ~ ~ ~ T o o ~ ~ u ~ S ~ t i o ~ A c c i d e n ~ i s p l a y F o ~ a s p x S h o 10272010
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
FARS Encyclopedia Page 1 of 2
2006 Fatality Analysis Reporting System Q VEHICLE LEVEL US DqpRwffrrf1- ~ d H g ~ T r ~ shty hhdramptampl
Actual Value if Total Knwn Except 88-06 or More
I-MOmr Vehide in Transport 4-Workinp Motor Vehide Huhway W-NonGoilision l S T w 1 Vat-in-Motionrsquo Condition 2-Momr Vehids Not in - Construction Maintenance Ut i l i i Only)
GSA CODES Except 00-Not Applicsbk 95Military Vehicle 92-NO RepIttrpSon 97-Foreipn Countay
de Compartment Intrusion Unkncwn)
Omar Private Ownw Listed) ffiovemnmnt Vehicle
ampNot used as a Bus 5-UsadasaTourEus
r of Trailers UnknOwn inp Anomer Motor Vehicle
EMERGENCY USE
200~6 (seats 9-15 pp including driver)
httpllwww-fars n dotgovQueryToo~Que~Sectio~ehicleDi~~yFo ~ ~ p xShow 10272010
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
FARS Encyclopedia Page 2 of 2
OgAuto Transporter 07-Garbage I Refuse
08-Entamp n Parked Position OeContrd(ed Mm~m~arinp to
Maneuver Reported 5-Steering and BraWng (evldenca or mSfkeUant) Staled) Idd nuW dtihr 60mer Awidanca M a n m r
8-Ud Repaned I l n d u s i v e (by plica)
h t t p ~ n d o t g o v Q u e ~ T o o l Q u ~ S e c t i o ~ e h i c l e D ~ ~ y F o ~ ~ p x S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
FARS 481432
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
FARS 481432
EWR Summary 2010 Quarter 1 Chrysler Submissions
Make JEEP
Deaths 1
Model GRAND CHEROKEE
Injuries 0
Model Year 2004
VIN 1J4GX48S94C
StateForeign Country TX
Incident Date 07102009
Sequence ID 28
Reported Components
A Fire Related
B Fuel System
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
FARS Encyclopedia Page 1 of 2
2009 Fatality Analysis Reporting System CRASH LEVEL
OTTrnqmatim Q U9 No(knrlHBhVayTNncSW wnlsblkn
Ol-Principel M a l - il-Prinsipl Arterial - Interstate
lCMiMr mrial
1ELoCsl Road or Skeet beat 1PUnLmwn Urban
LOCAL STREET
ila (Auurneu Dedmal)
00-Not CoW~~~uirn Motor Vehicle 02-F-bFaor (inclueae Rear-End) M-FmrclpFmnt (indudsr Head-on) OFmnbtc-Slde Same Direction WFmnampbSida Opporlte Direction 10-Rear-bRear OS-Fmnt-to-Side Righl Angle (include8 ll-Omer(EndSwipeaand
Unknown rAmved
farsnhtsadotgovQueryTooVQuerySectio~AccidentDisplayFo~aspxSho 10272010
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
FARS Encyclopedia Page 2 of 2 j
ICCmuover-Related Mllilary Tima Except 15-OIher LOCBtiwn in Interchange 1 9 - U n k m n Inlorchange Area
wOn Roadway - Location 0 7 4 Pahing Lnnellone 1o-ssParatw 1 I -Twway Continuous Left-Turn
W e TmmcWaylOulsids RigMd- O B U n b w n
I-Nd P h y W i y D W (TvmWay TraRrwsy)
Adud Value Except
httpwww-fars n h t s a d o t g o v Q u e ~ T o o Y q 10272010
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
FARS Encyclopedia Page 1 of 2
6 2009 Fatality Analysis Reporting System VEHICLE LEVEL
on Maintanance
OH0 Undenida w Ovenide
[ouler Pdvab Omer Liited) ylGovemment Vehicle
Unklwrrn But Uae
If Lighl or MedlHeavy
ampNo Trailing U n b Yes Ow Trailing Unit Z-Ysa Two Trailing Unb Linkage
CYes Number of Trailers Unknown SVehkIe Towing Anothw Motor VBhicie -Fixed
owiw AnolheI Mom Vehide - Non-
Sewicea Vehicle
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
FARS Encyclopedia Page 2 of 2
22-Bus
euro-Unknown Cargo Body Type OBAutoTransponer 87-Other 07-Garbape I Refuse OBGrain Chips Gravel 99-Unknown WWk - Trailm
O l l - E ~ g a Parked Pornion o ~ ~ n b o l l e d Msruwenng to
m n DE HM4(Class HM5
ampNo Avddance Maneuwr Reported 5Sleeaeting and Brakinp (eviden Blank Blanks Blilnk Blank 0-Not 0000-Not OampNolApplicparahle ampNot npplicable APplicaMe Actual i d o i l Applicable 1-Yea Adual4digit Number(wilh 1-No 2-Yea Number leading zem) 2-Yea ampNot 888ENol 88-NoI Reported 8-Not Reported Reported Reported
Number)
h t t p ~ ~ - ~ n d o t g o v Q u e r y T o o l S h o w 1 02720 1 0
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