Ashley Milano  |  August 4, 2016

Category: Consumer News

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Chrysler Jeep Grand Cherokee truck SUV Steering WheelThe parents of the late Star Trek actor, Anton Yelchin, have filed a wrongful death lawsuit against Fiat Chrysler (FCA), alleging a faulty gear shifter caused the accident that killed their son.

Anton Yelchin, who played Pavel Chekov in the Star Trek trilogy, died June 19 after his 2015 Jeep Grand Cherokee crushed him in his driveway.

According to police reports, after he got out of his SUV, it rolled backward down a steep driveway at his Studio City home and pinned him against a brick mailbox and security fence.

Irina Yelchina and Victor Yelchin, say that FCA was aware of the defective e-shift gear selector in the Jeep that rolled down their 27-year old son’s driveway and crushed him to death.

According to the lawsuit, the vehicle that killed her son was part of a safety recall the government issued two months ago. In a press conference, the family’s attorney revealed that Yelchin actually received a recall notice for his vehicle a week after he died.

“As a result of the defective design and/or manufacture of the subject vehicle, the subject vehicle did not properly engage and/or maintain the ‘park’ gear position, causing the unmanned subject vehicle to travel down the driveway,” the Yelchin family said in the suit. “Anton Yelchin was crushed and lingered alive for some time, trapped and suffocating until his death.”

According to the 18-page filing, the parents say they have suffered “the loss of Decedent Anton Yelchin’s consortium, love, companionship, guidance, comfort, society, solace, moral support, all to their general damages, in a sum to be proven at time of trial.”

In April, a Chrysler recall was announced for 1.1 million Jeep Grand Cherokee, Dodge Charger and Chrysler 300 vehicles due to confusion over the new shifter design, which reports suggest could cause drivers to believe the electronic shifter, which has a button to change gears instead of requiring drivers to physically move a lever, could cause drivers to mistakenly believe their vehicle is in park, when it is actually in neutral or drive.

An investigation by the automaker and the National Highway Traffic Safety Administration (NHTSA) discovered at least 700 complaints about the issue, including 266 accidents, of which 68 involved injuries that may be related to a new design for the vehicle’s gear shifter.

The design appears to confuse drivers, since the shifter returns to the same position after each gear selection.

“Drivers erroneously concluding that their vehicle’s transmission in the park position may be struck by the vehicle and injured if they attempt to get out of the vehicle while the engine is running and the parking brake is not engaged,” the NHTSA said in its safety recall report.

Yelchin’s crash is still being investigated, but is believed to be the only fatality related to the issue. His parents’ claims echo those in previous lawsuits against the automaker, where vehicles have crushed drivers who get out thinking the vehicle is in park.

A proposed class action lawsuit was filed in California federal court on June 23 by other Jeep Grand Cherokee owners alleging that the auto maker hid information about the e-shift gear selector design defect that may allow the vehicles to roll away.

The complaint filed by a group of three plaintiffs alleges that the shifter defect was responsible for Yelchin’s death, as well as at least 300 other accidents. The lawsuit lists several vehicles that may have the alleged defective gear shifter including 2014-2015 Jeep Grand Cherokees, 2012-2014 Dodge Chargers and 2012-2014 Chrysler 300s.

Fiat Chrysler made a statement that the company “extends its sympathies to the Yelchin family for their tragic loss,” and “urges customers to follow the instructions in their owner’s manuals and the information cards sent with their recall notices.”

The Yelchin family is represented by Gary A. Dordick and Diana S. Diskin of Gary A. Dordick ALC.

The proposed Class is represented by Lee M. Gordon, Steve W. Berman and Thomas E. Loeser of Hagens Berman Sobol Shapiro LLP.

The Yelchin Family’s Wrongful Death Lawsuit is Victor Yelchin, et al. v. FCA US LLC, et al., Case No. BC629098, in the Superior Court for the State of California, County of Los Angeles.

The Jeep Defective Gear Shifter Class Action Lawsuit is Deryl Wall, et al. v. FCA USA LCC, Case No. 5:16-cv-01341, in the U.S. District Court for the Central District of California, Eastern Division.

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6 thoughts onStar Trek Actor’s Parents File Faulty Jeep Gear Shifter Lawsuit

  1. Cheryl Doss says:

    April 2017 my 6 speed Jeep Wrangler was parked in my garage in first gear. I got in forgot my phone and started to step out of the vehicle, no key in ignition no shifting done it was in 1st, it began to roll out of the garage with me stuck half in and out hopping to keep up, slipped and dragged hanging on to the steering wheel, car got to the street the road rash burning my leg i slipped and the front driver wheel just missed my head and drove over my chest on an angle coming out my shoulder resulting in a broken collar bone repaired 10 days later in surgery, bruises, scrapes, tissue damage to my leg, road rash to both legs, and nightmares I’m still having. Recall is not national! Why???? I’m forever emotionally scarred and physically and I’m not a young kid. I can’t get a lawyer to call me back!! Why?

  2. Molly says:

    our 2004 Grand Cherokee Jeep also had this problem. My husband parked and the car gear shifted. He was actually run over by the Jeep. ER, orthopedist, skin grafting. This happened on 1/7/14 and never realized others were having this problem until now. Just a terrible experience and feel so sad for any one having gone thru this, especially the one person who died.

  3. Felicia Charles in CT says:

    I took my 2008 GC Jeep to a local dealership for repair in regards to the ignition recall, but my car still comes out of gear at times and I can be doing over 60 on the highway and it will just all of a sudden switch gears and almost drive in like a cruise control, where the speed is somewhat constant, but I cant accelerate. Or at times it will slowly be decelerating to the point that I have to pull off the highway to the side and turn the car off and then restart, for it to normalize. It’s not safe for your car to decide to just gear down in fast traffic.

    1. dj says:

      This happens periodically with my Jeep as well. I was going through an intersection and almost was rear ended when the Jeep would not accelerate to keep up with traffic.

      On our road trip it occurred again as we tried to merge on to a busy freeway!!

      Where do I go to get in on the class action lawsuit?

  4. Brenda Kitzmiller says:

    My 2004 Jeep also came out of gear and pinned me against my mailbox. Luckily my neighbor was able to jump into my car and get it off me. Jeep inspected my vehicle and said they were not at fault. I know I put the car in park!!

  5. Sherrie says:

    This has gone on forever. Try back to the 90s i know forst hand as my daughter was dragged about thirty feet in her cousins jeep an older model in park yes running but in park she suffered a contusion to her liver and a huge keloiogh scar many lazer surgerys and a payout that unfortunately never being in this situation i thought it would benefit my daughter however the ins lady kinda beat us down wothstatutue of limitation bigwordslegal wordsand we were very pressured my daughters growth plateswere damaged in her foot and legs and as far as jeep goes we called them till we were blue in the face. They do not respond back

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