"Grandson's Death" Sudden Acceleration Lawsuit: Why the Appeal Is Also Likely to Fail

"Need to Amend the Law So That Manufacturers Determine the Cause of Accidents"

Regarding the case in which a grandson died in a suspected sudden unintended acceleration accident while riding in a car driven by his grandmother in Gangneung, Gangwon Province in 2022, Yeom Geonwoong, a professor of Police and Fire Administration at U1 University, commented on the court's decision to side with the manufacturer rather than the bereaved family, stating, "Regrettably, it is highly likely that the outcome will not change even in the appellate court."

On the May 14 broadcast of CBS Radio's "Kim Hyunjung's News Show," Professor Yeom explained the court's reasoning, saying, "Simply put, it is due to the variation in the accelerator pedal. Regarding the plaintiff's claim of an electronic control unit (ECU) software defect, the court found that 'the reliability of the event data recorder (EDR) record, which showed that the accelerator pedal was at 100% operation rate during the last five seconds before the accident, is recognized.' In other words, the court concluded that the driver had fully pressed the accelerator pedal."

In Gangneung, Gangwon Province, a "re-enactment test" to determine whether the sudden unintended acceleration was caused by a vehicle defect in the suspected sudden acceleration accident that resulted in the death of Lee Dohyun (12 years old at the time of death) in December 2022 was conducted on the afternoon of April 19, 2024, at Hoesan-ro, Gangneung City. A camera and transmission diagnostic device are being installed on a 2018 Tivoli Air vehicle, the same model as the accident vehicle. Photo by Yonhap News.

The previous day, the Civil Division 2 of the Gangneung Branch of Chuncheon District Court (Presiding Judge Park Sangjun) ruled against the family of Lee Dohyun (12 years old at the time of death), who died in the suspected sudden acceleration accident, in their 920 million won damages lawsuit against KG Mobility (hereafter KGM, formerly Ssangyong Motor). The court stated, "It appears that the driver (the grandmother) mistook the accelerator pedal for the brake pedal and pressed the accelerator. Therefore, it is difficult to recognize that this accident was caused by an ECU defect." After the verdict was delivered, Lee's father, Lee Sanghoon, immediately announced his intention to appeal.

The accident occurred in December 2022 on a road in Gangneung City. The Tivoli Air vehicle driven by Choi collided with a Morning compact car ahead, then sped forward with a loud noise for about 30 seconds, passed through four intersections, struck a road curb, and fell into an underpass. As a result, the grandson, Dohyun, who was in the passenger seat, died, and Choi suffered serious injuries.

When asked whether it was possible for the EDR to record a speed of 116 km/h at the time of the accident if the driver had fully pressed the accelerator, Professor Yeom replied, "There could have been external variables, such as the possibility that the accident vehicle was not functioning normally." He continued, "According to the court, a real-road re-enactment experiment was conducted with a vehicle of the same model year after Dohyun's accident, and the difference in speed recorded by the EDR was only 8 to 14 km/h, which was not significant. The collision with the Morning vehicle could have affected the Tivoli's performance, and considering the limitations of the experiment in replicating the actual situation, the court could not accept the family's claims."

He went on to emphasize the need to revise the Product Liability Act. Professor Yeom stated, "With highly advanced machines like vehicles, it is difficult for drivers or victims to determine the cause of an accident. Therefore, it is necessary to revise the Product Liability Act so that the vehicle manufacturer is responsible for determining whether there was a defect and the cause of the accident." He added, "If the manufacturer, who knows the vehicle best, determines the cause, suspicions regarding future suspected sudden acceleration accidents can also be resolved."

He further noted, "In 2023, relevant ministries such as the Fair Trade Commission discussed revising the Product Liability Act, but it was not amended. The reasons cited were concerns about increased burdens on vehicle manufacturers, the possibility of rising vehicle prices, and the lack of legislative precedents in other countries."