The park to reverse or false park defect is sometimes described in different terms such as unintentional rearward movement, unintended rearward movement, unintentional reverse, unintended reverse, unintentional acceleration, unintended acceleration, powered reverse, failure to hold in park, slipped gear, inadvertent movement, inadvertent rearward movement, jumped into reverse, kicked into reverse, slipped into reverse, change gear, changed gear, back over, backed over, roll backwards, lurched backwards, roll back, rolled back, rearward runaway, accidental shift, shift alone, shift into reverse, shift out of park, sudden shift, switch gears and went into reverse.
The 41 te transmission also known as the A604 has been investigated by the NHTSA 11 times and has had about 9 recalls but Chrysler has failed to repair the transmission and has only recalled on select models. While on trial Mraz v Chrysler had also admitted that the recall never addressed the issue of a self shift
A California-state jury today returned a $50 million punitive damages award against DaimlerChrysler for knowing and intentional failure to cure a defect in millions of its vehicles. On March 2, 2007, the same jury found DaimlerChrysler liable for the death of Richard Mraz and returned a verdict of $5.2 million in compensatory damages for Mrs. Mraz and her children.
On April 13, 2004, Mr. Mraz suffered fatal head injuries when the 1992 Dodge Dakota pickup truck he had been driving at his work site, the San Pedro/Long Beach Maritime Terminal, ran him over after he exited the vehicle believing it was in park. The jury found that a defect in the Dodge Dakota's automatic transmission, called a park-to-reverse defect, played a substantial factor in Mr. Mraz's death, and that DaimlerChrysler was negligent in the design of the vehicle, for failing to warn of the defect, and then for failing to adequately recall or retrofit the vehicle.
The evidence presented at trial included that DaimlerChrysler had received well over a thousand park-to-reverse complaints, including complaints with 1988 through 2003 Dodge Dakotas, certain 1988 through 2006 Dodge Rams, and certain 1993 through 2004 Jeep Grand Cherokees, over a period spanning more than a decade before Mr. Mraz was killed. These complaints were based on same common defect. Senior management at DaimlerChrysler, however, failed to investigate the full extent of the problem out of fear it could expose the corporation to liability for injuries that had already occurred and it would require a massive recall.
Plaintiffs' counsel introduced evidence that the defect could have been remedied with corrective action, which would have meant conceding a safety-related defect in much of DaimlerChrysler's fleet. Faced with this expensive prospect, DaimlerChrysler never had its engineers conduct the "root cause analysis," or utilize the type of design failure mode effects analysis required as vehicle designs change -- which would have quickly isolated the failure in its design and identified a proper fix.