Family sues Audi in car fire death

The complaint against Audi, its distributor Volkswagen of America and shareholder Volkswagen A.G. alleges that the fire was the product of defective design.

"You're putting a potentially dangerous explosive part of the car in the passenger compartment," said lead plaintiff's attorney Jeff Baruh, of Palo Alto's Bryant, Clohan & Baruh. "We contend that that's a dangerous and defective car."

Baruh said the tragedy began on Sunday, Jan. 13, 2002. Around 10 a.m. that day, Jarvis turned left from Redwood Shores Parkway onto Marland Drive in Redwood Shores and pulled to the side of the road.

A homeowner working in his garage that morning noticed smoke billowing from the car. The witness pulled a fire extinguisher from his garage and put out the flames.

However, neither the man nor any of the first several people on the scene were able let Jarvis out of the car. Not even the first responding firefighters were able to open the vehicle. "He was effectively trapped in the car," Baruh said. "He was very severely burned and at this point sitting in a car inhaling significant amounts of smoke."

A full-sized fire truck arrived and opened Jarvis' door with a Jaws of Life tool. Firefighters pulled Jarvis from the car and he was airlifted to Santa Clara Valley Medical Center.

"He had third-degree burns to 40 percent of the upper part of his body, his head, neck, arms, torso," Baruh said. "He endured - and I think that's the word - three-plus months of treatments and surgeries, more than 10 surgeries to address the extent of his burns, but ultimately died."

According to Baruh, Jarvis' death was directly related to the back-seat battery design. "When the fire started from the battery, it started behind him," Baruh said, adding that Jarvis might not have even seen the fire begin.

The fire was sparked by contact between the metallic seat frame of the back seat, which holds up the upholstery cushioning, and the battery's positive terminal six inches below, Baruh said.

Thousands of Audi vehicles are equipped with similar designs, Baruh said. Baruh contends that Audi installed batteries under the backseat before the 1985 model and at least through the 1990s. Older Volkswagen Beetles also have the batteries under the back seats, according to Baruh.

Jarvis' case may be unprecedented, in that he was trapped in the car. However, "We have learned of similar incidents," Baruh said.

For example, Baruh spoke with a Georgia resident who smelled smoke and discovered that the battery in his Audi had charred the underside of the right rear passenger seat.

"And that's exactly where they put the child seat," Baruh said.

In Jarvis' case it is believed that the fire started in part because the person who sold Jarvis the car had improperly reinstalled the backseat.

"But it's our contention that is somewhat inherent in the way it's designed," Baruh said.

"There's absolutely no warnings in the car or in the owner's manual that if you don't follow various precautions that this could happen."

The suit seeks to reimburse Jarvis' estate for approximately $1 million in medical expenses. Jarvis' widow, Maria and his two adult children seek additional damages for wrongful death.

The San Francisco law firm of Carroll, Burdick & McDonough represents Audi in the lawsuit.

A phone call to the law firm requesting comment on the case was not returned.

Jury selection is anticipated to begin in Superior Court Judge George Miram's courtroom on Tuesday or Wednesday.