3 at News file lawsuit against carmaker

Three Deseret Morning News employees who were injured when a Jeep Cherokee careened out of control last year have filed a lawsuit against DaimlerChrysler Corp.

The lawsuit, brought Friday in 3rd District Court, claims that as of Feb. 24, 2004, the date of the accident, DaimlerChrysler was specifically aware and had been alerted to numerous instances of Jeep Grand Cherokees going into a runaway condition.

The three men — assistant photo editor Chuck Wing, Web designer Gary McKellar and photographer Keith Johnson — were injured when the Jeep lurched forward onto the downtown sidewalk where they were walking.

McKellar's right leg was crushed in the accident, and Wing's left leg was amputated above the knee. Johnson's ankle was broken.

Wing's wife, Julie, and McKellar's wife, Kim, also are plaintiffs in the complaint against DaimlerChrysler Corp., the maker of the Jeep Grand Cherokee.

Medical costs so far for McKellar have reached $400,000, and for Wing, who wears a prosthetic leg, they are nearing $200,000, said their attorney, Randy Dryer.

This was after a redesign of the Jeep's cruise control system following similar instances in the late 1980s and early 1990s, Dryer said Saturday.

"We believe there's an ongoing safety issue," he said.

Dryer said there are several similar cases around the country pending against the automaker.

The Jeep's driver, Hossein Sepehri-Nik, also is named as a defendant in the lawsuit.

Dryer said it's because someone was negligent, either Sepehri-Nik or DaimlerChrysler. It will be up to a jury to decide, he said.

"If it's DaimlerChrysler, something needs to be done to make sure nothing like this happens again," Dryer said.

The lawsuit alleges that DaimlerChrysler should have known about the risks presented by the Jeep Grand Cherokee and failed to recall it and other similar vehicles. The suit also says the company failed to inform consumers about safety-related defects in the vehicles.

The suit says the plaintiffs are entitled to damages that will reasonably punish DaimlerChrysler or deter it or other companies from failing to recall vehicles.

Since the accident, Wing, McKellar and Johnson have returned to work. McKellar and Wing continue with rehabilitation treatment.

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E-mail: jdougherty@desnews.com