Family can sue Jeep because it failed to install available braking devices, Arizona court says – By The Associated Press (Pennlive) / March 1, 2022
PHOENIX — The family of a little girl who was killed when her mother’s car was rear-ended by a Jeep on a Phoenix freeway can sue the SUV’s manufacturer for wrongful death because it did not install automatic emergency braking devices that were available as optional equipment, the Arizona Supreme Court ruled Tuesday.
The court rejected arguments from lawyers for Jeep parent company Fiat Chrysler Automobiles US that the National Highway Transportation Safety Administration’s decision not to require the devices pre-empted the state lawsuit.
The decision written by Justice Bill Montgomery also overturned a similar 2019 decision that said automakers were immune to such lawsuits because of the federal agency’s decision not to require the technology.
