The case of the flaming parking brake: Judge rules design not defective

MINNEAPOLIS (Feb. 4, 2003) — A U.S. district court in Minneapolis has ruled that a tractor’s parking brake system was not defective in leading to a fire that destroyed a shipment of electronic goods.

The case arose after a driver for U.S. Xpress drove the vehicle 16 miles with the parking brake on, causing enough heat to ignite a fire, which destroyed a $400,000 shipment of communications equipment. The cargo insurer, Great Northern Insurance Co., sued the truck manufacturer, Volvo Trucks North America, arguing that the truck should have been equipped with two additional parking brakes to prevent the truck’s engine from overriding the brake system.

The driver neglected to disengage the parking brake after stopping to rest.

Great Northern also claimed the truck’s parking brake indicator light had burned out and should have been equipped with a longer life bulb, and that the truck should have had an audible alarm to alert the driver the park brakes were on when the truck was moving.

Judge Paul Magnuson said Volvo’s parking brake design and choice of bulb were reasonable, and the system gave the driver several indications the park brakes were applied. He added that responsibility rests with the driver and the owner of the vehicle to replace the warning bulb if it burns out.