Adair v. Land Rover North America, Inc.
The plaintiffs in this case alleged that when the electric door opener failed to open the door to the garage, the driver of a 1999 Land Rover Discovery II placed the vehicle in the "illusory park" position and exited the vehicle. While the driver was walking behind the Land Rover, the transmission suddenly shifted into reverse, moved backward, struck the driver and pinned her against the garage door. The vehicle then broke through the garage door and rolled over the driver. The vehicle continued down the driveway and across the street. It then broke down the door of the neighbor's garage, continued through the garage, and broke through the back wall of the garage. As a result of the incident, the driver suffered extensive injuries to her skull, face and pelvis and died shortly thereafter. Plaintiffs alleged that Land Rover negligently designed and manufactured a vehicle so that its transmission could be left in an "illusory or false park" and after a delay could suddenly slip out of this park and start moving backward.
