Man Runs over Toddler - Sues Car Manuf.

Jeana (DP) · #1 05-25-2005, 04:09 PM

http://www.wfaa.com/sharedcontent/dw....72876ade.html

www.bugmenot.com - for password if it asks you to register to read.

Garland family sues carmaker over toddler's death

The family of a Garland girl who was accidentally killed last month when her father ran over her is suing a major car manufacturer for negligence.

On October 9, David Clemens backed up his Infiniti SUV and tragically ran over and killed two-and-a-half-year-old Adrianna.

* * *

"You just can't imagine the absence that is in our hearts right now with the loss of our daughter," mother Rachel Clemens said. "She rocked our world ... she was everything to us."

The family is suing Nissan, the parent company of Infiniti. They claim new back-up video cameras or sensors which detect objects behind a vehicle were available, and should have been installed in their SUV.

"This manufacturer was already putting it on some of its other vehicles, and it should have put it on this one," attorney Windle Turley said.

* * *

"Yes, it's our responsibility, but so many tragic things have happened with children because of that," Rachel Clemens said.

* * *

The Clemens family believes if their SUV had a back-up camera, Adrianna would still be alive.

"She was my pride and joy," Rachel Clemens said. "She was a wonderful two-year-old that always had a smile on her face."

Turley said this is not just a case against Nissan; it's a case against the auto industry.

MY STUFF NOW:

Turley is one of the best personal injury attorneys in Texas.

BUT, WHAT THEY DON'T TELL YOU IS THAT THE BACK-UP CAMERA WAS AN OPTION THAT THIS FAMILY DECIDED THAT THEY DIDN'T WANT TO PAY FOR.

Timex · #2 05-25-2005, 04:14 PM

I dont think back-up video shoudl be required on ALL vehicles. There are many folks that simply cannot afford to pay for all the extras on vehicles. If this family felt such an "extra" was worthy, then they should have paid the extra $$ to have it installed.

Jules · #3 05-25-2005, 04:20 PM

Not to change the subject but I've been meaning to ask what you ever did with the car you won?

Timex · #4 05-25-2005, 04:21 PM

lol I kept it.

Jules · #5 05-25-2005, 04:23 PM

Good for you! Something made me think of that yesterday and I looked for the thread but couldn't find it! Enjoy!

Jeana (DP) · #6 05-25-2005, 04:27 PM

Quote:

Originally Posted by Timex

If this family felt such an "extra" was worthy, then they should have paid the extra $$ to have it installed.

That's exactly what I think too. I don't think that Infinitis are necessarily "budget conscience" cars. Do you know what the price range is for these anyone?

Jules · #7 05-25-2005, 04:32 PM

Quote:

Originally Posted by Jeana (DP)

That's exactly what I think too. I don't think that Infinitis are necessarily "budget conscience" cars. Do you know what the price range is for these anyone?

Depends on which model they have. There are 2 Infiniti SUV's - a smaller one and a larger one (DUH). My SIL just bought the smaller one and it's pretty well loaded - she paid around 37k for it. The larger ones are high-40s if I'm not mistaken.

I agree - if they felt that may be an option they could benefit from - especially if they have young kids who play on the driveway - then they should have had it installed.

FYI - I just looked up this option - it's an extra $4,200. I'd have a hard time justifying that expense too. Be much cheaper to let the kids play in a fenced back yard rather than a driveway.

VespaElf · #8 05-25-2005, 04:39 PM

BUT, WHAT THEY DON'T TELL YOU IS THAT THE BACK-UP CAMERA WAS AN OPTION THAT THIS FAMILY DECIDED THAT THEY DIDN'T WANT TO PAY FOR.

I didn't think they had a case before but hearing that just reassures me-WTH!!!

My van had the option of a DVD player and we didnt take it.
If my kids hurt each other out of boredom can I sue too????

Does ANYBODY take responisibilty for ANYTHING?????????

I guess instead of working through his guilt and greif he wants to get angry and sue .............he needs to look in the mirror and see who the responsible party is!

sharon25 · #9 05-25-2005, 04:48 PM

Quote:

Originally Posted by Jeana (DP)

That's exactly what I think too. I don't think that Infinitis are necessarily "budget conscience" cars. Do you know what the price range is for these anyone?

I don't know the price range.
but I used to work at a very large local
dealership in the service area, and I can
tell you that it must be up there!

They do EVERYTHING for those customers
to keep their business and to keep them happy.

They do a lot more than they do for, VW, nissan, ford
and the like. The only customers that got better treatment
was the Lexus and Saab customers.

luvbeaches · #10 05-26-2005, 05:36 PM

These people are stupid! I hope they don't get a dime. How about WATCHING your children! Lordy, it's always someone else's fault...and it always ends in the morons wanting money.

If they have other children, child services should remove them from these fools!

I have the back-up camera thing on my SUV and let me tell you, I really don't use it. Yes, I can see what's behind me, but it's almost easier to just look! It's very sad that the little girl died, but they are to blame, not the car manufacturer. Shifting the blame....how sick. How about accepting responsibility for climbing into the Infiniti and not taking the time to locate the daughter, and making sure she was safe before backing out! Idiots.

LadyGraffix@mac.com · #11 05-26-2005, 06:03 PM

Our driveway is in our backyard . . . silly us, we just make sure we know exactly where both of our kids are before putting the car in reverse.

I just hope and pray that the car company doesn't settle with them. I'm so tired of people being rewarded for not taking responsibity for themselves.

Txmom · #12 05-31-2005, 01:09 AM

Sometimes I wonder what goes on in peoples heads....they were parents who apparently had no idea where their child was. They were negligent in the care of their child, and she died. It was a tragic accident, and they feel that they have to blame someone. People need to take responsibility for their own actions and stop blaming someone else.

I wonder what their friends and family are thinking. I would be very embarrassed to know that my friend/sibling was suing the auto manuf. for something like this.

Pharlap · #13 05-31-2005, 03:16 AM

Quote:

Originally Posted by Timex

I dont think back-up video shoudl be required on ALL vehicles. There are many folks that simply cannot afford to pay for all the extras on vehicles. If this family felt such an "extra" was worthy, then they should have paid the extra $$ to have it installed.

I agree, however if you can afford an Infinite that should be standard on that suv...

Jeana (DP) · #14 06-01-2005, 03:41 PM

Quote:

Originally Posted by Pharlap

I agree, however if you can afford an Infinite that should be standard on that suv...

If all of the "options" were included as "standard," the price would be raised significantly and not everyone would still be able to own one. They were asked about this choice, and they turned it down. I think that's what the jury will take away in this case.

CaliKid · #15 06-01-2005, 11:55 PM

All the gadgets in the world can't make up for vigilance and plain old paying attention to who is outside when you get in your car and back up. While I understand this family is hurting, they certainly seem to be trying to blame the car manufacturer for their own negligence.

luvbeaches · #16 06-02-2005, 12:13 AM

Quote:

Originally Posted by CaliKid

All the gadgets in the world can't make up for vigilance and plain old paying attention to who is outside when you get in your car and back up. While I understand this family is hurting, they certainly seem to be trying to blame the car manufacturer for their own negligence.

And really, I am surprised the authorities aren't talking to them about negligence. I hope they are fined for filing a frivolous lawsuit (if they can do such a thing).

So if her child falls in the bath tub and drowns, can they sue Mr. Bubbles? What idiots. We have got to put a stop to these insane lawsuits. The rest of us (the consumers) are the ones footing the bill for these "lawuit lotteries." I hope Infinity can come back and have these fools have to fork over the cash for the compaines legal fees. That would put a halt to so many of the lawsuits.

1986 · #17 06-02-2005, 12:34 AM

This is right up there with really stupid lawsuits. It's terrible that the child died but HAD DADDY BEEN WATCHING FOR HER maybe this wouldn't have happened. Maybe the car manufacturer should sue the state for not notifying them that this guy was intellectually challenged (and an azzzzhole) before they agreed to sell him the car. Some people are just pieces of work. He's ready to put a price tag on his child.

Jeana (DP) · #18 06-03-2005, 12:25 PM

Quote:

Originally Posted by luvbeaches

And really, I am surprised the authorities aren't talking to them about negligence. I hope they are fined for filing a frivolous lawsuit (if they can do such a thing).

So if her child falls in the bath tub and drowns, can they sue Mr. Bubbles? What idiots. We have got to put a stop to these insane lawsuits. The rest of us (the consumers) are the ones footing the bill for these "lawuit lotteries." I hope Infinity can come back and have these fools have to fork over the cash for the compaines legal fees. That would put a halt to so many of the lawsuits.

Its not called a "fine," but if the court finds that the lawsuit was/is frivolous, they can be forced to pay for the legal defense costs of the defendant. However, I don't think that this case is ripe for that sort of action.

luvbeaches · #19 06-03-2005, 06:57 PM

Quote:

Originally Posted by Jeana (DP)

Its not called a "fine," but if the court finds that the lawsuit was/is frivolous, they can be forced to pay for the legal defense costs of the defendant. However, I don't think that this case is ripe for that sort of action.

I had no idea there was such a thing. But I am glad there's some action that can be taken.