Maimed Berthoud teens sue carmaker
They say open doors hid flashers, contributing to crash
By Arthur Kane
The Denver Post
Article Last Updated: 10/18/2007 12:42:35 AM MDT

Two Berthoud High School teens who lost their legs in a traffic accident this year are suing the maker of the vehicle they were riding in, saying it was defectively designed and helped contribute to the crash.

The lawsuit, filed in Denver District Court on Monday, claims that the back doors of the Isuzu Trooper, when opened to retrieve the spare tire and jack, obscure safety lights.

"The 1999 Trooper was improperly designed in such a manner that, when the right rear door is opened, the door obscures the right rear lights, reflectors and emergency hazard lights from the view of vehicles approaching from behind," the lawsuit states.

Tyler Carron and Nikko Landeros, both 17 at the time, lost their legs after the accident on the night of Jan. 15 when they were hit from behind by another student while changing a tire on the Trooper, police said.

The student, Michelle Berra, pleaded guilty to careless driving last month and received a deferred judgment that included public service and driving education.

The attorney representing the teens and their families said the Trooper's design violates a federal law that requires that safety lights be visible.

"It's a primary reason for the accident," attorney Mark Davis said. "Ms. Berra was not able to pick up that the vehicle was there. She didn't swerve or stop to avoid the accident, and the boys need to have the rear door open. It was a highly foreseeable circumstance."

Davis said that along with compensation for prosthetics and pain and suffering, the plaintiffs want Isuzu to notify other owners of the danger.

Isuzu officials declined to comment on the lawsuit. Davis said the car manufacturer's attorneys have told them this is the first complaint they have received alleging a design problem.

Attorneys for Berra had argued that she was unable to see the Trooper, that it was parked in the road and that bright lights shining from a truck behind her made it hard to see.

Davis said the case is likely to be moved to federal court and could take at least two years to resolve.

What the lawsuit says

Tyler Carron and Nikko Landeros were hit from behind while changing a tire on a 1999 Isuzu Trooper, similar to the vehicle of the same make and year pictured in this article. The suit says the SUV was improperly designed because the rear doors, when open, block the hazard lights.

"The 1999 Trooper was improperly designed in such a manner that, when the right rear door is opened, the door obscures the right rear lights, reflectors and emergency hazard lights from the view of vehicles approaching from behind," the lawsuit states.

Attorneys for Berra had argued that she was unable to see the Trooper, that it was parked in the road and that bright lights shining from a truck behind her made it hard to see.

"It's a primary reason for the accident," attorney Mark Davis said. "Ms. Berra was not able to pick up that the vehicle was there. She didn't swerve or stop to avoid the accident, and the boys need to have the rear door open. It was a highly foreseeable circumstance."

Questions about the accident, which cost Tyler Carron and Nikko Landeros their legs, swirled around the case after attorneys for the teenager who crashed into them asserted in a court filing Friday that the boys were intoxicated when they stopped in the middle of a county road on Jan. 15 to change a tire.

The attorneys also alleged that the boys broke other laws that night - that Carron "unlawfully" drove with more than one passenger in his Isuzu Trooper, that he stopped in a traffic lane, and that he and Landeros stood in the roadway......
The tragic chain of events unfolded about a mile south of Berthoud at 11:40 p.m. on Jan. 15, according to the Colorado State Patrol's report. Carron was driving, and his passengers included Landeros and three girls - two 15-year-olds and a 16-year-old.

Carron was driving south on a snowy two-lane county road when he stopped to fix a flat tire. According to the accident report, Carron stopped in the middle of the southbound lane.

The two boys were standing behind the Isuzu, beginning work to change the tire, when Berra approached. She was driving the speed limit - 40 mph - and crashed into the back of the Isuzu, crushing the legs of the two boys, according to the report.

The story of the two boys as they worked to overcome their injuries, return to school and go on with their lives drew national attention.

In the meantime, Abrahamson's office filed two counts of careless driving causing bodily injury against Berra.

Berra told investigators that she never saw the car stopped in the road. According to the accident report, the investigating trooper concluded the area was "dark - unlighted" at the time of the crash.

In their court filing late Friday, Berra's attorneys served notice that they intend to pursue a defense that will attribute a portion of the blame for the accident to Carron and Landeros.

Attorneys Stephen Peters and John Chanin alleged that both boys were "unlawfully drinking and impaired by alcohol," that Carron had more than one passenger in his car, that he "unlawfully stopped his vehicle in the middle of a traffic lane," and that they both "unlawfully stood in the middle of a traffic lane at the rear of the vehicle, taking no evasive action when they saw the defendant's headlights approaching."

In addition, the attorneys said that the boys blocked the view of the Isuzu's taillights.