Family asks GM to expedite truck recall after son dies from fall

PORTLAND – The family of a man who died from injuries he suffered after falling from the tailgate of a Chevrolet pickup announced plans on Thursday to file legal notice asking General Motors to expedite a recall issued in March.

At issue are metal cables that keep unlatched tailgates from falling flat on about 4 million 2000-04 full-size pickups. GM issued the recall on March 18, 2004, to replace tailgate support cables that had been reported to corrode and break.

Timothy Michaud was sitting on the tailgate of a 2000 Chevrolet doing work for a lawn company when the cables snapped on May 6. He fell to the ground, suffered severe head injuries, and died three days later, his parents said.

The models involved in the recall are Chevrolet Silverados built between 2000 and 2004, GMC Sierras built between October 1999 and October 2003, some Avalanche models built between 2002 and 2004 and Cadillac Escalade EXT trucks built between March 2001 and October 2003.

GM officials said they had received reports of 134 injuries related to the cables, but Michaud was believed to be the first death related to the recall.

“There would have been no injury if the tailgate had not let go,” said Stephen Schwartz, a Portland attorney representing Michaud’s parents. “And the degree to which one person may have been injured more than somebody else we believe to be immaterial. What is significant is that the tailgate gave way at all.”

Schwartz said the family has not filed a lawsuit, hoping instead to open “communication channels” with the company to force the recall through. He did not rule out an eventual lawsuit.

GM on Thursday had not heard of the Michaud notice of claim, said Brenda Rio, a company spokeswoman, adding the company also had not been aware of any deaths resulting from the failing tailgate cables.

“But customer safety is a concern. Obviously it’s a top concern,” Rios said.

It is the “lack of concern” over the immediacy of the problem that prompted the Michauds to take legal action, said Lori Michaud, Timothy’s mother.