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We handle cases across the United States. Allen Stewart is licensed to practice law in Texas, California, New York, Pennsylvania, Missouri, North Carolina, Ohio and Arizona.

Vehicle Involved in Deadly Roll-Away Under Recall

Do you own a lemon vehicle? Contact Allen Stewart today

WISH-TV reported the vehicle involved in a deadly March 2018 incident that killed one man as he tried to save his daughter was under recall at the time.

Indianapolis first responders pulled 24-year-old Anthony Burgess Jr. from a pond in the 8700 block of Fluvia Terrace near the Core Riverbend Apartments. Witnesses said Burgess was able to pull his daughter from the 2008 Pontiac G6 even though he did not know to swim. A witness carried the girl to shore.

Burgess was taken to St. Vincent Hospital in critical condition, but later died of his injuries.

WISH-TV reported Burgess was parked in the apartment complex’s parking lot when he exited the vehicle to talk to someone. He told his daughter to get back in the car, and when she did she accidentally touched the vehicle’s gear shift, after which it rolled into the pond.

The 2008 Pontiac G6 was involved in a recall announced April 30, 2014 involving 1,131,113 vehicles. The affected vehicles contained transmission shift cables that can fracture while the vehicle is in operation. This can cause the indicated gear selection to not match the actual gear selection, allowing the vehicle to move in an unintended or unexpected direction.

Vehicles affected by the transmission shift cable defect first included the 2007-2008 Saturn Aura, and then latex expanded to include the 2004-2008 Chevrolet Malibu, 2004-2007 Malibu Maxx, and the 2005-2008 Pontiac G6.

WISH-TV did not confirm Burgess’s vehicle suffered a fractured transmission shift cable.

Your vehicle’s manufacturer is legally required to fix any recalled problems for free. If the dealership refuses to fix the part or tries to charge you for the repair, contact the manufacturer immediately. The Highway Safety Act of 1970, which created the NHTSA, requires car manufacturers to pay for the recall and replacement of a defective part.

If the manufacturer fails to repair, replace, repurchase, or provide your recalled vehicle’s loss value, they are violating the warranty and a lawyer may be able to assist you.

Lemon law attorneys help their clients by dealing directly with the manufacturer on the clients’ behalf, working to promptly resolve the issue and get their clients back on the road. Thanks to the Magnuson-Moss Warranty Act, attorneys can seek their fees directly from the manufacturer, meaning a client can obtain legal counsel without having to pay attorneys’ fees directly out of pocket.

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