Girl Blames Nissan for Mother’s Death

SAN FRANCISCO (CN) - A 4-year-old girl blames a poorly designed floor mat in a Nissan Versa for the death of her mother, who was run over on a sidewalk in Vallejo.

A 65-year-old man driving a 2012 Nissan Versa plowed into five people on Sonoma Boulevard in Vallejo on June 19, killing the mother and breaking her sister's spine and legs, Jane Doe claims in the July 5 federal complaint.

She says the car dragged her mother underneath it for 40 feet, may have crippled her aunt for life, and injured at least two others.

Doe claims the flawed design of a carpet panel in 2012-2015 Nissan Versas prevented the driver from stepping off the gas pedal and caused the fatal accident.

The National Highway Traffic Safety Administration began investigating the alleged defect on June 24, 2014, after receiving multiple complaints.

"When attempting to remove their foot from the accelerator pedal to apply the brake, their shoe was caught by the trim panel which delayed braking ability several times," one complaint stated.

The NHTSA revised its investigation to exclude the 2012 Nissan Versa because its carpet trim panel is different from the 2013-2015 models.

The plaintiff's attorney, Andrew Shalaby, said he believes the NHTSA decision to exclude the 2012 model from its investigation was a mistake.

"I don't think they handled that investigation properly," said Shalaby. "The photographs show the carpet panel design is exactly the same."

The girl seeks punitive damages for wrongful death and wants Nissan ordered to recall the vehicles.

Nissan of North America did not immediately respond to a request for comment.

Shalaby is with East Bay Law, of Albany.

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