Dorothy Haggard filed a six-count suit against DaimlerChrysler and Cassens & Sons in Madison County Circuit Court July 27, claiming a car manufactured by Chrysler was unreasonably dangerous and defective.The brake pedal mounting system was insufficient in design or in material structure to withstand normal and foreseeable uses of the automobile;
Represented by Tom Maag of Edwardsville, Haggard alleges that on Aug. 27, 2006, her automobile failed to brake and the brake pedal depressed into the area of the accelerator causing her to collide with another vehicle.
According to the complaint, Haggard purchased the vehicle from Cassens, but she does not disclose what kind of vehicle it was.
She claims her vehicle was unreasonably dangerous and defective in one or more of the following respects:
The brake pedal had a manufacturing defect insofar as the brake pedal collapsed, folded, malfunctioned or broke as Haggard was attempting to press the brake pedal in a normal and expected fashion;
The automobile was not equipped with sufficient warnings or instructions to advise Haggard that defects existed; and
The automobile was not equipped with a proper braking system, including brake pedal and mount to allow for necessary braking action.
Haggard claims Cassens was negligent in selling her a vehicle with a defective braking system and supplying her with a vehicle that was incapable of stopping.
She further alleges Cassens failed to warn her of the alleged defects and that it failed to instruct her that she needed to repair or replace the brake pedal.
According to Haggard, the collision caused her to sustain severe and permanent injuries to her body that caused pain, suffering, mental anguish and disfigurement.
She also claims she incurred medical expenses, experienced permanent scarring and has been deprived from using her vehicle.
Her husband, Neal Haggard, also is seeking damages claiming his wife's injuries have deprived him of the support and services he was accustomed to.
The Haggards are seeking damages in excess of $300,000 plus costs.
The case has been assigned to Circuit Judge Nicholas Byron.
07 L 676