Brake Fluid At Crux Of Death Case -- `Vapor Lock' In Chrysler Minivan Blamed In Fatality

Because of the cost to consumers, Chrysler does not make periodic changes of brake fluid a part of its regular maintenance program, even though it's a common practice overseas, a company employee testified yesterday in King County Superior Court.

That statement is at the heart of a lawsuit filed last month, blaming the failed brakes of a 1989 Plymouth Voyager minivan for the death of a 19-month-old boy who was hit by the vehicle while camping with his parents at Moran State Park on Orcas Island three years ago.

Attorneys for the boy's parents, Phillip and Christine Scripa of Issaquah, rested their case yesterday, about a week after the trial began, leaving Chrysler's attorneys to argue that other factors led to the death of Connor Scripa.

The case is unusual because Chrysler normally settles these kind of cases out of court.

It's also significant because "vapor lock" - where brake fluid boils, causing brake failure - is a well-known but undocumented problem.

"No one really knows how to investigate this kind of thing, so we really don't keep a record-keeping system of vehicles where the brake fluid was to blame," said John Hunter, a retired State Patrol sergeant who investigated the Scripa accident.

"The problem is that nobody is looking at this issue, so we don't really know how many cases like this there are," Hunter said.

Scott Rich was traveling with his family down a mountain road near the campsite July 22, 1994, when he noticed that his brakes "felt a little weak" as he slowed to enter the campground, according to the plaintiff's trial brief.

But when he entered the campground, the van failed to stop and plunged over a ledge and down a slope into the Scripas' campsite, where Connor was standing next to a picnic table.

Tony Scripa immediately ran to his unconscious son and screamed, "My son! My son!" The boy was pronounced dead a short time later.

Rich told authorities he was unable to avoid hitting Connor because his brakes had failed and because it had happened so fast.

Two members of the San Juan County Sheriff's Office tested the van's brake pedal immediately after the accident and determined it went all the way to the floorboard without resistance. Later, another investigator determined the brakes were fine.

But Hunter, who was part of the Major Accident Investigation Team of the State Patrol, concluded the problem was with the brake fluid, which had a low boiling point consistent with high water content.

He eventually concluded that the van's brakes overheated during the drive down the mountain, causing the brake fluid to boil and the brakes to fail.

During the first days of testimony, Rich was accused by Chrysler attorneys of not heeding the "Steep Grade, Use Low Gears" sign.

They also said Rich should have stopped the van before he entered the campground when he felt the brakes weren't working right and that he should have tried to avoid plunging into the campsite.

Yesterday's testimony was far less dramatic than in past days and mostly dealt with how Chrysler has dealt with brake-fluid maintenance overseas.

Jim Kuntz, a Detroit-based manager of international service and parts for Chrysler, testified that when he learned the maintenance schedules for Chrysler cars in Europe were different than the standards in the U.S., he tried to get distributors there to amend the van's owner's manuals to say, among other things, that changing the brake fluid in cars every two years was not necessary.

Answering questions from one of the Scripas' attorneys, Donald Logerwell, Kuntz also suggested that it was Chrysler's position not to advise people to change their brake fluid because it was unnecessary and to do so would be an added expense that might discourage people from buying Chrysler cars.

The Scripas, who are seeking an unspecified amount of money, would not talk about the case but told a family spokeswoman they decided to proceed with the case and not have it settled out of court to prove a point.

"They think consumers should be aware of this," the spokeswoman said.

The case is expected to continue through next week.