Ontario Community Newspapers

Whitby Free Press, 24 Jul 1996, p. 11

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Whltby'Fre Prou, Wecf&eday, JUIy 24, î1996, Pige' il Whitb prnstklawsuit against Chrysier b U.S By Mke Kowaloki Parents of a Whitbyy killed atrfalling from a Chorysier minivan are awaiting the auto- mak0r's court challenige of their wronlgful death lawsuit. A judge of the Wayne County T Circuit Court in Detroit, Mich. hnreserved bis decision on a motion by Chrysier lawyors to qu"Ih the lawsuit filod by TIM anýd Judith Herriott..- The Herriott's 25-month-old son Stuart died of massive head inuries two years ago when the rear door of a minivan driven by bis aunt came open and ho ferl out. However, Chrysier wants the case dismissed because the April 1994- incident occurred in Canada. Thle suit was filed earlier this year after the famil spent months lobbying tho 8anadian oenment to force Chrysie to implement more safretyfeatuires coming open in collisions in the U.S. led Chrysier to voluntarily notify the owners of almost, five million 1984-95 minivans that <the latches would be replaced at no cost. A hearing on Chrysler's motion in the Herriott's suit bas already been held, but there is no indica- tion as to when a ruling can be expected. » We doni't know,» admitted Courtney Morgan, the Michigan- based attorney who is represent- intbe Herriotts. We had the hearing two, three weeks ago ... the judge bas -tbe' matter under -advisement,» ho said. Although Morgan contends that tbe court doos- have jurisdic- tion in the matter, an unfavour- able decision may possibly force the Herrotts to pursue their fight with Chrysler on this sàide of the border. Faced witb the prospeoct of a long and costly legal battie in Ontario, tho Herrotts chose to initiate thoir action in Michigan wbere civil proceedings tend te move faster. "My daughter is six, I don't want ber te ho 21>. when itfs settled,» saidnTm Herriott., "It can drag on for years bore. I want te, do it qu~ick and without goingbankrupt, ho said. "I want te, prove my case in court, that something was wrong with. the vehicle and 1 want te, do ahl 1 can to, clear my sister's The rear latch of the van gave way as Stuart's aunt Linda Rum- ble, was in the process of manoeuvring the vehicle on her driveway to give hlm and other children more roorn to play-. Stuart struck bhis head upon impact and thon was trapped under the van for a few moments as ]Rumble did flot immediately realize what had occurred. Taken first to Whitby General Hospital, Stuart was soon trans- ferred to Toronto's Hospital *for Sick Children where ho died 48 hours later. «My action was talcon because my sister didn't want my son's death to be in vain," said lier- riott. «The coroner said ho will eall an inuest if we want one, but rmn concerned about bow my sister will haudie the tostimony," ho said. «That's why we decided on the American courtsystem.» llerriott said -ho consulted Morgan about launching a class action suit but was advised againet it due to the circum- stances of Stuart's death. Although U.S. government flor ineasies The Durham Region Healtb Department will hold meanlets vaccination cliniucs every Tuesday, from now until Aug. 27. The clinics are open to al children enrolled in school during 1995-96 wbo did flot receive a second dose of measles vaccine during the reoent measles elimination campaign in'echools. "About 10 per oent of school children did not receive their measles vaccine when we offered it in February through June. Were trying te protect these 10,'000 children before school opens in the fail," says Dr. Linds Panaro, associate medical officer ofbhealth. As of Septeniber 1996, legisiation will require al students attending Ontario schools te receive two dose of measles vaccine after their flrst birthday. Public bealth nurses will ho available for the summer on Tuesdays, 8:45 te 11:45 a.m., at carol 206 Chestnut St. E., Whitby a 430-0514 Carol Walker ~til @~n REFLEXOLOGY *ELECTROLYSIS *FACIALS *MAKEUP eMANICURES e, PEDICURES -a WAXING e GIFI CERTIFICATES the west office of the bealth department, located at 126 Commercial Ave., Ajax. For more information, eaul 723- 8521, ext. 2195 or 1-800-841-2729, ext. 2195. No appointment is necessary. R.et.iredc cgouple Wvin big David and Yana Wilhis of Whitby won $25,000 in the Pull House instant lottery. The two retirees plIan te share the windfall witb their family - including four sons, three daughters ' 10 grandchildren and fiv Z eat-grandchildren -and vacation In England. reports indicate tbat at least 35 people bave been killed after the rear doors popped'open -during crashes, Morgan said finding another incident like the one involvingr Stuart would bave been difficult, if not impossible. Meanwhile, Morgan points te evidence presented in an unrela- ted lawsuit in Texas recently that could auger well for bis clients. Lawyers for the plaintif! in that case contend that company documnents indicate that the dolçors on. bundrede of minivans came oeen wbile being transpor- ted to dealerships, thus ubowing that the. latches could not with- stand road use. Chrysier offliciais disputed the lawyera' aim of more than 2,000 incidents and put the * Why We* Need Odd/Even Day Lawn Watering Outdoor water use du ring the summer places a tremendous strain on the Region's water supply systems. The shaded area of the graph shows how much the water demand increases in summer. This increase in demand is mainly due to Iawn watering. Odd/Even Day Lawn Water ing in Effect Region-wide How It Works: Lawn watering for odd-numbered addresses (street numbers ending in 1, 3, 5, 7 or 9) is allowed on odd-numbered calendar days only. Lawn watering for even-numbered- addresses (street numbers ending in 0, 2, 4, 6 or 8) is allowed on even-numbered calendar days only. Water your fawn about once per week, but.gîve it a deep soaking to ensure the waterpenetrates deep into the soit. For more information on Water Efficient Durham, please cai Glen Pleasance at (905) 668-7721. A message from DURHAM REGION WORKS DEPARTMENT p A-E e 0 0 e Vaccination clinies SKIN* CARE 'Beauty care from head tax tee' Durham Region's water supplysystem serving each community mûst have sufficient capacity to meet the highest peak demand, even though it's only required for a few days in summer. By reducing these peaks, we will be able to use the existing water supply capacity more efficiently and reduce the need for new expansions. This will keep the cost of your water bill down. How can you help? By watering your lawn less. Please start practicing Odd/Even day lawn watering. e-, i

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