After CBS aired a "60 Minutes" story in 1986, numerous members of
the newly formed "Audi Victims Network" brought lawsuits against Audi,
claiming "sudden acceleration syndrome" in the Audi 5000. Any of a
number of mysterious flaws inherent in the car's design were said to
have caused the car to rocket out of control when the driver stepped
on the brake. A three-year study by the
National Highway Traffic Safety Administration
reinforced what Audi and independent transportation authorities had
also concluded: that in each case the driver had pressed the
accelerator rather than the brake. "If a driver unknowingly steps on
the accelerator pedal and continues to push on the same pedal because
he or she believes it is the brake pedal," the car will accelerate
and the brakes will seem to have failed. Shying away from the
judgmental term "driver error," the NHTSA preferred to characterize
the accidents as resulting from "pedal misapplication." The NHTSA
then initiated another study to determine the effects of pedal
placement on auto safety.
In March 1988, after an accident in which Harold Horowitz's '79
Audi plowed into the home of Germaine Gibbs, and in which Horowitz
admitted that he had put his foot at least partly on the wrong
pedal, a jury awarded $14,000 in damages and $100,000 in punitive
damages to Gibbs, based on the alternate theory that the Audi was
defectively designed because the accelerator and brake were too
close together, making it more likely for plaintiffs to press the
wrong pedal. Audi, like most European automobile manufacturers,
places the pedals closer together to decrease response time when
braking, contributing to the car's superior safety record.
The previous year, Chicago lawyer Robert Lisco filed a class action
lawsuit on behalf of 350,000 Audi owners, named and unnamed, stating
that the Audi's resale value had been destroyed by the bad publicity
over sudden acceleration, and that the bad publicity was also Audi's
fault.
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