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Nissan named in wrongful death suit

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Old Nov 6, 2007 | 07:14 PM
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Default Nissan named in wrongful death suit

Tragic story, but it raises a question of ethics and liability. Should Nissan share the blame for this? Read on.

EL MONTE, Nov. 6, 2007 (KABC-TV) - A second suspect in a street racing crash that killed a woman and her two young children, has been tracked down and arrested in Mexico. That news surfaced as the victim's family filed a massive lawsuit.

The family is speaking out not only about the arrest but also about a lawsuit against the two suspects and against the automaker Nissan.

The $100-million lawsuit alleges Nissan was negligent in its manufacturing of the Altima 2.5. That's the vehicle the family was in at the time of the accident.

The car exploded into flames minutes after it was broadsided by the suspects, killing the mother and her two young children.

"There's no amount of money that's going to bring these kids back, nothing," Jane Moore, the husband's aunt, said.

With their emotions still raw from the tragic loss of Dora Groce and her two children, Robert and Catherine, family members appeared Tuesday alongside their attorney who announced the filing of a stunning $100-million wrongful death lawsuit.

"We picked the number that we thought would make an impression, not only on these defendants but on anybody else who ever thinks it's a good idea to engage in a street race anywhere on our streets," Charles T. Matthews, the family's attorney, said.

The suit not only names the suspects, Robert Canizalez and Martin Morones, but also Nissan North America and its subsidiaries, the makers of the Nissan Altima Groce was driving at the time of the accident.

"It's our information that the design is likely flawed and that Nissan had the opportunity to correct it and didn't. It was bad enough that my clients were seriously injured in this accident, but to then be sitting there with bystanders trying to help them, trying to get them out, then have the car explode in flames and incinerate them," Matthews said.

Authorities have arrested Canizalez and Morones and say both were racing each other through an El Monte intersection last month when one of them broadsided Groce's Nissan with her two children inside.

"They were alive after this collision. They couldn't get out and then they were burned to death because these two selfish morons thought they were going to have some fun," Matthews said.

Canizalez was taken into custody at the scene but Morones fled the country for weeks until he was caught in Mexico and brought back to face charges Tuesday. The development was a welcome surprise to the family.

"We're all excited for the fact that he's caught, brought back," Moore said.

Nissan released the following statement: "First of all Nissan is not supporting any type of street racing. Secondly, it is a tragedy and we are very sorry about what happened. We just heard (Tuesday) about the lawsuit. We need to investigate before we respond and we definitely will investigate."

As for Morones, he was captured by Mexican authorities Monday afternoon and is expected to be in U.S. custody by midnight.

http://abclocal.go.com/kabc/story?se...cal&id=5745940
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Old Nov 6, 2007 | 07:18 PM
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I am sorry, but these cars are tested to side impact safety standards. Anything "above and beyond" what is considered "safe" in a side impact is the result of a MASSIVE impact by the people running into them at outrageous speeds.

I guess they'd have sued them if the car ran off a cliff and they died because the car didn't save them?

Nissan will squash this pretty easily. There may be high emotions here, but that is no reason to screw with someone else over it. Blame the dumb *** that was street racing and sue their family for raising an idiot.
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Old Nov 6, 2007 | 07:26 PM
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^^ I agree

People nowadays are trying to find every little reason to sue.

I dont see Nissan losing this lawsuit at all.

"It's our information that the design is likely flawed and that Nissan had the opportunity to correct it and didn't. It was bad enough that my clients were seriously injured in this accident, but to then be sitting there with bystanders trying to help them, trying to get them out, then have the car explode in flames and incinerate them," Matthews said.
What are they basing this information on???
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Old Nov 6, 2007 | 07:27 PM
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I think its another crap lawsuit UNLESS there was indeed a defect Nissan hid. As one that has driven the newer ALtimas, no joke the doors are as thin as a sheet of foil.

Reminds me of the couple that tried to sue Nissan b/c the backup camera on their FX 35 didn't see their child, which they ran over.
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Old Nov 6, 2007 | 07:29 PM
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Driving off the cliff was the EXACT example I was going to use. Yes, a horribly tragic accident. BUT, they are clearly trying to go after a deep pocket, since it's unlikely the drag racers have any $$. If Nissan or any other car company was forced to build cars guaranteed not to do this, we'd all be driving around in Humvee's. When you sue for an amount of money "to send a message", you're just trying to get a nuisance settlement.
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Old Nov 6, 2007 | 07:31 PM
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Originally Posted by 1SICKLEX
I think its another crap lawsuit UNLESS there was indeed a defect Nissan hid. As one that has driven the newer ALtimas, no joke the doors are as thin as a sheet of foil.

Reminds me of the couple that tried to sue Nissan b/c the backup camera on their FX 35 didn't see their child, which they ran over.
Holy sheet?! Someone tried to sue for that??

EDIT: Found it--family had a QX45, opted NOT to get the camera, and sued b/c they say it is such an important piece of safety equipment, it should have been standard:

http://www.automotivearticles.com/12...Daughter.shtml

Last edited by tex2670; Nov 6, 2007 at 07:39 PM.
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Old Nov 6, 2007 | 07:36 PM
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Originally Posted by tex2670
Holy sheet?! Someone tried to sue for that??
http://www.automotivearticles.com/12...Daughter.shtml
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Old Nov 6, 2007 | 07:39 PM
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now I could understand someone that died after their brand new 2008 Audi R8 exploded after an accident...well because we all saw the test on the nurburgring, but I cannot see Nissan being at fault for a fire. Cars today are tested to the limits, even R8's, so there should be no blame on Nissan. I think it's an easy way for the lawyor to try and get 100 mil, because there's no way he wouldve gotten 100 mil from just the 2 suspects
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Old Nov 6, 2007 | 07:41 PM
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I find it interesting that they named the two suspects and "threw" Nissan in on the lawsuit. I mean, obviously the two racers don't have 100 million, but... Nissan does. It's so transparent it almost hurts.
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Old Nov 6, 2007 | 07:46 PM
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Do you have any idea what became of that lawsuit? People will do anything to avoid taking responsibility themselves. Drives me nuts.
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Old Nov 6, 2007 | 07:55 PM
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Or its for publicity for the lawyer...he can now say "I tried to sue Nissan" to clients and charge more.
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Old Nov 6, 2007 | 09:06 PM
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This is the statement which is really suspect.

"We picked the number that we thought would make an impression, not only on these defendants but on anybody else who ever thinks it's a good idea to engage in a street race anywhere on our streets," Charles T. Matthews, the family's attorney, said.

If your point is to try to send a message to street racers how is suing the maker of the victim's car going to accomplish that?
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Old Nov 6, 2007 | 09:45 PM
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I don't think Nissan is to blame. Plus, $100-million? It's obvious they're milking Nissan hoping to get a cash settlement and take advantage of it. Yes it is tragic but honestly, there's a line drawn as to how much sympathy the public is going to be towards the family especially if they see through this witty tactic.
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Old Nov 6, 2007 | 10:06 PM
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As tragic as the deaths are, when you read something like this it almost makes all sympathy you have for their family disappear for allowing for this type of "lawsuit" to come about. It's a disgrace, unethical, and just embarrassing IMO.
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Old Nov 6, 2007 | 10:45 PM
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[QUOTE=speedflex;3038541]

EL MONTE, Nov. 6, 2007 (KABC-TV) - A second suspect in a street racing crash...........

The family is speaking out not only about the arrest but also about a lawsuit against the two suspects [SHOULD STOP HERE.....NISSAN HAS NOTHING TO DO WITH THIS.]

Should give the dumb *** racers the death sentence

No offense, but what will $100 million dollars do the family members who are deceased? The surviving family members will be living in luxury in the expense of the dead mother and 2 sisters

Last edited by GS3Tek; Nov 6, 2007 at 10:55 PM.
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