A Horrific Collision

Families of car crash orphans sue Chrysler for safety flaws: Allege designfaults made Berry kids accident worse

Courtesy Diagram
The Berry family
Photo via Joshua and Robin Berry Children’s Trust/Facebook
Aaron, from left, Willa and Peter Berry this February
Joshua and Robin Berry Children’s Trust/Facebook

The accident in July 2011 was horrific — an SUV veered into the lane of the Berry family minivan near Fort Stockton, resulting in a front-end collision at highway speeds. The crash claimed the lives of Houstonians Robin and Josh Berry and seriously injured their three children, Peter, Aaron and Willa with Peter and Aaron being paralyzed.

The horror of the crash captured national headlines — and drew both everyday Houstonians and international stars like Justin Bieber into fundraising efforts.

Now a lawsuit asserts that design flaws in the family's 2003 Chrysler Town and Country minivan were partially to blame for the tragedy.

Represented by prolific attorney Richard Mithoff, Matthew Berry and Sue G. Perlo on the family's behalf are suing Chrysler, as well as the driver of the other vehicle in the accident, Mike Scott Doyle. Joseph Ahmad, of the law firm Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing, is working with Mithoff on the lawsuit, representing Sue G. Perlo, the children’s grandmother and the administrator of her daughter Robin Perlo Berry’s estate. Matthew Berry is Josh Berry's brother, the executor of his estate and the guardian of the Berry children.

“This was a collision at highway speeds. But in a properly designed vehicle, such a collision should not result in the complete collapse of the driver and front passenger compartment, and should not result in the seat back and seat belts causing catastrophic injury,” Mithoff said in a statement.

According to the suit, both the SUV, a Toyota 4Runner, and the minivan experienced similar forces in the crash — both were traveling at approximately the same speed, were of similar weight and size and experienced the same angle of impact. Yet the 4Runner's safety cage (a rigid steel structure that surrounds vehicle occupants) and front occupant space remained relatively intact after the crash, while the Chrysler's "crush zones" failed to absorb the impact, the safety cage experienced a "structural failure" that led key frame elements including the pillars and the rocker panel to buckle, leading to "excessive rearward intrusion" by the engine and instrument panel, mortally crushing the Berry parents.

The suit also alleges that the safety belts worn by the Berry children were not properly designed or positioned for children of their size, despite Chrysler marketing the minivan to families and describing normal seat belt use as proper for children big enough to wear the shoulder restraint comfortably.

Due to defects in the design of the seat belts and seat backs . . . both [Peter and Aaron Berry] 'submarined' under the lap portion and away from the shoulder portion of their seat belts during the collision. Instead of the energy from the crash being spread out primarily over the restraint system, and secondarily over their chests, pelvis and shoulders — the effect of properly designed and anchored seat belts — the energy from the crash was unloaded and unnecessarily concentrated onto their abdomens and spine. That resulted in multiple, severe and avoidable internal injuries to both boys."

The suit alleges that the minivan "was unreasonably dangerous and defective," and that at the time the minivan left Chrysler's control there were safer alternative designs. It accuses Chrysler of negligence and breach of warranty, and asserts as well that 4Runner driver Doyle was also negligent, acting as the proximate cause of the accident.

According to the accident's police report, Doyle was reaching into the backseat at the time of accident. Doyle's wife — 28-year-old Colleen — also died in the crash. He and his baby daughter survived in the 4Runner.

The legal pleading quotes Chrysler senior vice president for quality Doug Betts' remarks in a 2012 newspaper article on the company's past vehicles. “[We] are dragging behind us a pretty poor history,” Betts is quoted as saying in the Wall Street Journal in May 2012. “[We] were building cars that were functional, and other than that, they were boxes you got into that hopefully kept the rain off your head.”

"Chrysler Group’s sympathies remain with the Berry family and friends," Chrysler said in a statement emailed by company spokesman Michael Palese. "This was a violent, high-speed crash with tragic consequences caused by a distracted driver. We note that the 2003 Chrysler Town & Country minivan meets or exceeds all applicable federal safety standards and has an excellent safety record.

"As Chrysler Group has not been served with this lawsuit, and has not had an opportunity to study what it alleges, it would be inappropriate to comment further at this time."

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bowled over

Houston artist dishes on Food Bank fundraiser happening this weekend

Picture of several artists at a table with a bunch of handmade ceramic bowls.

Photo courtesy Paula Murphy

Ceramics professor Cori Cryer and her students from Lone Star College Kingwood and the bowls they donated to the 20th Empty Bowls fundraiser

On Saturday, May 16, shoppers have an opportunity to feed those in need by purchasing unique, handcrafted items. The 20th Empty Bowls event takes place at Silver Street Studios at Sawyer Yards from 10 am to 3 pm. A preview party takes place on Friday, May 15 from 6-8 pm (buy tickets here).

The fundraiser is a collaboration between Houston-area ceramists, woodturners, and artists working in all media and Silver Street Studios.

Shoppers can purchase one-of-a-kind bowls for $25 each (larger bowls are priced accordingly). A simple lunch from Salata, a sweet treat from Ben & Jerry’s, and iced coffee from Katz Coffee is served until it runs out. Every dollar of the purchases goes to the Houston Food Bank, which estimates that for every dollar donated, it’s able to provide three meals to Houstonians in need. Since its inception, Empty Bowls Houston has raised $1,208,959 for the Houston Food Bank, which equates to more than 3.6 million meals.

The event also includes live music and art demos. More than 2,000 bowls will be available for purchase, donated by area artists.

Empty Bowls began as a grassroots effort started many years ago at a high school in Michigan and is now held all over the world. Nearly everything for Empty Bowls events, from the food served to the venues hosting events and the bowls for sale are donated.

Cori Cryer, a professor of ceramics at Lone Star College Kingwood, is one of those who, along with her students, donated bowls for the fundraiser. She’s been involved with the effort for all of its 20 years in Houston, and before that in other cities.

“When I started donating, I didn't have a whole lot of money,” Cryer tells CultureMap. “I was a graduate student, and so this was a way for me to give back to the local community. And I think my students today kind of recognize that same feel. You know, they may not have money to send a check off to someone, [but this is] an easy way for them to be able to contribute to the community.”

Cryer teaches Ceramics I and Ceramics II to a variety of dual-credit high school students, college students, and continuing education students. Those in her Ceramics II classes are required to create five bowls to donate to Empty Bowls. But her students in her introductory class often end up donating as well. This year, she and her students provided approximately 150 bowls for the event.

Cryer said that the style of bowls for sale range from something as small as a condiment bowl to much larger serving bowls As each bowl is an individual work, they represent a variety of styles and themes. One of her students this year designed a glazed, ceramic leaf-shaped bowl with ceramic insects on it.

“There's a ladybug and a caterpillar and a spider,” she says, each created out of clay and positioned around the bowl.

Cryer loves seeing how the artists use their imaginations and abilities.

“Most of my students do throw their bowls on the pottery wheel, but that's not required,” she says. “They can hand-build them. It’s completely up to them what kind of construction technique they use.”

Cryer loves knowing that this event is a way for students to see that their artistic efforts can have lasting impact on the community around them. In addition to being able to support the Houston Food Bank, the bowls her class donates, she knows, take on special meaning for those who purchase them.

“I tell my students there is a pot for every person and a person for every pot,” she says.

In fact, one of her personal favorite bowls is one she purchased from an Empty Bowls sale.

“It's a very small bowl, maybe like three inches in diameter, and two inches tall, and it's a little pink pig that I think an elementary student made,” she said. “He has no tail, and he has no ears, but he has a snout, and it is definitely a pig. And I love that little bowl. I have it sitting on my desk at home.”

Cryer knows shoppers attending the Empty Bowls sale will find similar, soon-to-be-beloved items.

The Saturday event is free. Those wishing to attend the preview party on Friday, May 15 from 6-8 pm, which offers light bites, beer and wine, and the first chance to purchase bowls, can purchase a $50 ticket online. In addition, Archway Gallery is hosting an exhibition of 30 one-of-a-kind bowls that can be purchased as part of the Empty Bowls fundraiser. The exhibit runs through May 30.