Two Berthoud High School teens who lost their legs in a traffic accident this year are suing the maker of the vehicle they were riding in, saying it was defectively designed and helped contribute to the crash.
The lawsuit, filed in Denver District Court on Monday, claims that the back doors of the Isuzu Trooper, when opened to retrieve the spare tire and jack, obscure safety lights.
“The 1999 Trooper was improperly designed in such a manner that, when the right rear door is opened, the door obscures the right rear lights, reflectors and emergency hazard lights from the view of vehicles approaching from behind,” the lawsuit states.
Tyler Carron and Nikko Landeros, both 17 at the time, lost their legs after the accident on the night of Jan. 15 when they were hit from behind by another student while changing a tire on the Trooper, police said.
The student, Michelle Berra, pleaded guilty to careless driving last month and received a deferred judgment that included public service and driving education.
The attorney representing the teens and their families said the Trooper’s design violates a federal law that requires that safety lights be visible.
“It’s a primary reason for the accident,” attorney Mark Davis said. “Ms. Berra was not able to pick up that the vehicle was there. She didn’t swerve or stop to avoid the accident, and the boys need to have the rear door open. It was a highly foreseeable circumstance.”
Davis said that along with compensation for prosthetics and pain and suffering, the plaintiffs want Isuzu to notify other owners of the danger.
Isuzu officials declined to comment on the lawsuit. Davis said the car manufacturer’s attorneys have told them this is the first complaint they have received alleging a design problem.
Attorneys for Berra had argued that she was unable to see the Trooper, that it was parked in the road and that bright lights shining from a truck behind her made it hard to see.
Davis said the case is likely to be moved to federal court and could take at least two years to resolve.
What the lawsuit says
Tyler Carron and Nikko Landeros were hit from behind while changing a tire on a 1999 Isuzu Trooper, similar to the vehicle of the same make and year pictured in this article. The suit says the SUV was improperly designed because the rear doors, when open, block the hazard lights.
