The mother of a 22-month-old boy killed in a May 2011 car crash is suing Chrysler Group LLC, the maker of the Jeep Cherokee she was driving that caught fire after another vehicle crashed into it.
Ashley Hazelton's lawyer, Joseph Quinn, filed a lawsuit in Lackawanna County Court on Tuesday, claiming the "improper positioning" of the Cherokee's fuel tank caused it to "burst into flames" after a Ford Focus driven by David Ranakoski collided with the rear of her vehicle.
Ms. Hazelton's son, Cole, died in the fire, and the Scranton woman suffered "permanent physical and emotional injuries" from the crash, the lawsuit said.
The lawsuit is claiming, among other things, wrongful death, negligence, unfair trade practices and negligent infliction of emotional distress. Ms. Hazelton is seeking an unspecified amount of damages.
On May 9, 2011, Ms. Hazelton was driving south on Dark Region Road in Ransom Twp. when a Ford Focus struck the rear of her Cherokee, causing it to spin clockwise and into a grass embankment.
The Cherokee's fuel tank - located in the "crush zone," or below the rear bumper - released gas and the vehicle to burst into flames, the complaint said.
Cole's father, Andrew Carullo, who was a passenger in the Cherokee, pulled Ms. Hazelton to safety, but despite several attempts failed to rescue Cole from the burning car.
"Neither the Plaintiff, nor Cole T. Hazelton were seriously injured as a result of the initial impact," the claim reads. "All of their respective injuries ⦠were sustained in the subsequent fuel-fed fire, which was directly and proximately caused by the defective design of the Cherokee."
At the time Ms. Hazelton purchased it, the Cherokee had a number of defects, including the placement of the fuel tank and the lack of protection surrounding it, according to the lawsuit.
Chrysler, the lawsuit said, showed negligence by marketing a vehicle that is not "reasonably safe," failing to test and inspect the vehicle, and then not recalling the Cherokee despite having "actual or constructive knowledge" that rear impact collisions resulted in passengers being seriously injured and or killed.
"The foregoing negligent and careless acts and or omissions of the Defendants ⦠were a direct and proximate cause of the death of Cole T. Hazelton," the complaint reads.
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