Jun 5, 2007 5:17 pm US/Pacific
Tongan Royals Sue Ford Over Fatal Hwy. 101 Crash
SAN JOSE (KCBS) ―
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Tongan Royals, Prince Tu'ipelehake and Princess Kaimana
The family of the Tongan royal couple killed in a crash on Highway 101 last year has filed a wrongful death lawsuit against Ford, alleging the victims would have survived if they had been driving another vehicle.
The suit comes as 19-year-old Edith Delgado of Redwood City stands trial for three counts of vehicular manslaughter with gross negligence for the crash.
Last July, Prince Tu'ipelehake, 54; Princess Kaimana Tu'ipelehake, 45; and their driver, Vinisia Hefa, 36, died at the scene after Delgado's vehicle allegedly clipped their Ford Explorer and it rolled several times before finally landing on its roof.
"The family feels very strongly that nobody should die in a rollover because of a side swipe," said the royal family's attorney, Richard Alexander. "The family strongly feels that for justice to be done, that the Ford Explorer has to take principal responsibility for these deaths."
Ford would not comment on the lawsuit, but a company spokeswoman said the company warns customers the vehicles are top heavy, and defended the vehicle's safety record.
"Other third party organizations here that have evaluated and tested the vehicle have found the Explorer is as safe as, if not safer than its closest competitors," said spokeswoman Kristen Kinley.
One witnesses in Delgado's trial testified to seeing the white Ford Mustang driven by the teenager traveling 85 to 90 miles per hour before the crash, apparently racing the Explorer.
Another testified that Delgado had been warned about reckless driving in the past. Her attorney has not disputed that Delgado's car hit the Explorer, but denies she was grossly negligent.
(© MMVII, CBS Broadcasting Inc. All Rights Reserved.)
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