FOR IMMEDIATE RELEASE: Mother of TBI Victim of Airbag Failure Requests Pre-litigation Award from DaimlerChrysler Chairman Schrempp

FOR IMMEDIATE RELEASE:

Mother of TBI Victim of Airbag Failure Requests Pre-litigation Award from DaimlerChrysler Chairman Schrempp

Metropolitan Washington October 6, 2003 – Jamie Hatcher, a lot attendant for Waldorf Ford and Dodge of Southern Maryland, was sent on a vehicle "DX" (transport) January 15, 2003 during inclement weather. Roads already noted as "icy" were slated for snow late in the evening. At 21 years of age, anxious to impress supervisors, Jamie didn't think to question his work assignment. After completing five hours of in-house duties, he began an intrepid journey to Big Stone Gap on the Tennessee border. From Tennessee young Mr. Hatcher called home to say he would shortly begin the eight-hour return trip to the Metropolitan DC area, but while traveling through Richmond the 2003 Dodge Ram 1500 pickup truck hit a patch of "black ice," veered off the road, sailed over an embankment, and landed some 40 feet away. The vehicle withstood multiple impacts on all sides and the airbags failed to deploy. Mr. Hatcher sustained brain injuries (subarachnoid bleeds and multiple hematomas) and pulmonary contusions; he was transported to the Medical College of Virginia's Neurological Intensive Care Unit (MCV-ICU) beginning his five-month Traumatic Brain Injury (TBI) hospitalization and resultant lifetime disability.

Neuro-surgeons treating Mr. Hatcher stated if the airbags had deployed he would not have sustained the brain injuries he now suffers-giving credence to impending litigation for life changing impairment. Under Workman's Compensation law though, through the State of Maryland, a victim of employer negligence cannot sue their employer. If they do-they loose coverage for hospitalization under Workman's Compensation. Clearly negligence on the part of the employer is a convincing reality taking into account the pre-existing weather conditions and the fact that the young man was requested to perform 21 hours of work in one day which abrades multiple employment and CDL driving laws. Further, litigation against DaimlerChrysler (the manufacturer) of the Dodge Ram for faulty airbags is something the dealership itself suggested for Mr. Hatcher's claim in disability and lifetime impairment. Litigation against a major manufacturer seems reasonable under these circumstances, but Mr. Hatcher's mother decided to try something more humane before pounding off to the courtroom. Instead, she wrote to Jürgen E. Schrempp, Chairman of the Board of Management of DaimlerChrysler in Stuttgart Germany. What did the mother of this work-related accident victim request of Mr. Schrempp? In a novel approach, Jamie's mother requested a pre-litigation gift settlement in an amount Mr. Schrempp deemed fair and compensatory.

To date, DaimlerChrysler hasn't responded to her request, but the Hatcher's are hoping there will be a proactive result. With multiple neurologists stating Jamie's injuries were a direct result of airbag non-deployment and the fact the truck was a brand new vehicle; the case for defect causing injury appears to be an open-shut court case. When asked why his mother wrote to Mr. Schrempp rather than proceed in court initially, she responded, "this tragedy in my son's life has been exhaustive. I am tired. I would prefer not to perform a court battle with a major manufacturer-I will do so for my son, who has requested me to do so, but I would prefer a more humane result. I feel that giving Mr. Schrempp and DaimlerChrysler an opportunity to provide a fair and reasonable award in gift to Jamie for his support to their sales and market efforts (where he nearly provided his "life" as their employee)-as a fair and novel approach, that may supercede litigation, is a consideration on our part that may be the wisest avenue for all parties. I am hoping they will see the light and agree. If they don't agree, we will have no recourse other than to seek counsel to represent Jamie's interests in litigation."

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