Faulty Car Seat Collapsed in Accident, Costing Life of Son Parents Charge
On Saturday, November 1, 2008, James and Kathleen Fiedler of Fogelsville, Pennsylvania, purchased a 2008 Jetta S for their son Andrew. A principal reason why they chose the Jetta was the assurance by the dealer and VW that the Jetta was one of the safest vehicles available in America. That afternoon the Fiedlers gave the Jetta to Andrew. It was intended that he drive the 2008 Jetta S back and forth from their home to college.
The evening of November 1, 2008, Andrew and a friend drove the brand new Jetta to another friend’s house. After visiting, Andrew and his friend started to return to the Fiedler’s home. Both Andrew and his friend were seat belted into the vehicle.
At approximately 8:22 p.m., while traveling on Holbens Valley Road, in the County of Lehigh, Pennsylvania, the 2008 Jetta S lost control. It struck a guard rail, causing it to fishtail, so that the rear of the vehicle was facing the opposite direction from their initial travel. The left rear was then struck by an oncoming vehicle.
During the impact, the inside back support part of the seat frame of Andrew’s seat – the part that connects the reclineable back of the seat to the lower frame of the seat – sheered into two pieces, causing Andrew’s seat to collapse backward on the right side. As a result, Andrew was no longer supported by the seat. Nor was he restrained by the seat belt.
The force of the collision propelled Andrew toward the right rear of the vehicle. Andrew’s head hit an area to the right of the rear seat in the right rear of the passenger compartment, shattering his skull and killing him.
Why Volkswagen Is Liable
Wendy R. Fleishman of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP, is representing Kathleen and James Fiedler in a wrongful death lawsuit the parents filed against Volkswagen of America. The complaint charges that a defectively designed and manufactured car seat in the 2008 Jetta S played a direct role in the death of Andrew Fiedler.
“Absent the cheap and poorly made seat support in the Jetta which broke in the collision, the complaint charges that Andrew would have walked away from the accident and be alive today,” stated Ms. Fleishman.
“Andrew touched and filled the lives of so many with joy in a very short time. He struggled initially in college, but he found his focus and decided to major in Hotel and Resort Management. He aspired to open his own restaurant one day,” Mrs. Fiedler stated. “We hope that this lawsuit prompts Volkswagen to manufacture cars that are in fact safe, not simply advertised as being safe. Other parents should not suffer the profound grief we have experienced.”
Learn more about the importance of well-designed and constructed car seats how a defective seat that collapses in a car accident can be fatal.
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