19 May 2024 , 08:12
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A lawsuit claims a 22-year-old mum was tragically killed when a "fake airbag" exploded in a crash.
Destiny Marie Byassee passed away in a crash in Punta Gorda, Florida, on June 11 last year aged just 22. The lawsuit, according to reports, says that the airbag deployed in the crash but “detonated like a grenade and shot metal and plastic shrapnel throughout the vehicle cabin.”
The suit, filed on behalf of Byassee’s grandmother, husband, mom and two children continued: “Several fragments from the blast struck Ms Byassee in the face, head, and neck, ultimately killing her.”
The complaint was filed with the 17th Judicial Circuit Court for Broward County. Family lawyer Andrew Felix said the Chevrolet Malibu involved in the crash was in another incident in September 2022, where the airbag was deployed.
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The aftermath of the collision after the airbag exploded (DestinyByassee/facebook)“The damage to the subject Chevy Malibu from the crash was so significant that the vehicle should have been classified as a total loss, issued a salvage title, and removed from service,” the lawsuit claims.
The car was sold by Enterprise Rent-A-Car through the auctioneer Manheim Auctions, according to the lawsuit. Jumbo Automotive mechanic Haim Levy was told to repair the car and replace the airbag, but he allegedly used a “counterfeit and non-compliant airbag components” from Jilin, a Chinese part manufacturer.
A lawsuit has been issued (DestinyByassee/facebook)The lawsuit also claims Levy did not replace a damaged seat belt pretensioner. This locks the seatbelt and stops a person being flung forward all the way in a crash.
According to the suit, “Jumbo and Levy cut the wires to the seat belt pretensioner so that the front driver's seatbelt would release from its deployed position, appear normal, and appear to function as designed and intended to an unwitting customer.”
The car was eventually bought by Byassee.
Byassee died aged 22 (DestinyByassee/facebook)“Byassee had no idea that the vehicle had been improperly and illegally repaired, that the vehicle contained counterfeit and non-compliant airbag components, or that the vehicle's front driver-side seatbelt pretensioner was disabled and inoperable," the suit says.
Two pictures were included in the suit, with one showing a “shredded and blood-soaked front driver-side airbag.”
John Morgan, another of the family’s lawyers, said Byassee had her “entire life ahead of her.”
“[Byassee] believed she was buying a safe and reliable vehicle, but our lawsuit alleges that several automotive companies worked to skirt the system by repairing what should've been a totaled vehicle.”
The lawsuit is demanding damages for 14 counts of negligence, breach of warranty, strict liability and violation of the Florida Deceptive and Unfair Trade Practices Act.
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A report by the Miami Herald says only Manheim responded to requests for comment. "While this was a tragic event, Manheim is unable to comment on the lawsuit at this time," the company said.