1999 SUBARU FORESTER — SERVICE BRAKES, HYDRAULIC:ANTILOCK/TRACTION CONTROL/ELECTRONIC LIMITED SLIP

NEW VEHICLE BECAME UNCONTROLLABLE, VEERING FROM SIDE TO SIDE, THEN GOING OFF THE ROAD, WITHIN FIRST 7 MILES OF DRIVING AT 60 MPH. *** 7 PURCHASED A NEW SUBARU FORESTER L ON JUNE 24, 1999, AND DROVE 200 MILES IN CITY AND SUBURBAN TRAFFIC, MAXIMUM SPEED 55 MPH. *** 7 LEFT ROCHESTER FOR FAMILY VACATION ON JULY 2, 1999, TRAVELLING EAST ON I-90. THE CAR CONTAINED TWO ADULTS AND TWO CHILDREN. DRIVER AND PASSENGERS WERE WEARING SEATBELTS AND ALL LUGGAGE WAS IN THE LUGGAGE COMPARTMENT. THE WEATHER WAS HOT AND THE ROADS WERE DRY. *** 7 NEAR MILEPOST 343, BETWEEN 10:30 AND 10:45 A.M., WHILE DRIVING AT 60 MPH, A NORMAL STEERING CORRECTION LED TO A SHARP VEER BY THE VEHICLE, FOLLOWED BY 4 OR 5 UNCONTROLLABLE SIDE-TO-SIDE OSCILLATIONS, EACH INCREASING IN MAGNITUDE. THE DRIVER HAD THE SENSE THAT THE WHEELS WERE NOT RESPONDING TO HER CONSCIOUS ATTEMPTS TO BRING THE STEERING UNDER CONTROL. SHE HAD HER FOOT OFF THE ACCELERATOR AND WAS NOT BRAKING. THIS OCCURRED WITHIN 7 MILES OF THE FIRST TIME THE VEHICLE WAS TRAVELING MORE THAN 55 MPH. *** 7 THE CAR WENT OFF THE ROAD TO THE RIGHT, DOWN A BANK INTO A DITCH CONTAINING MUD, WATER, AND VEGETATION. IT HIT THE DITCH AT AN ANGLE, BOUNCED, AND CAME TO A STOP IN THE GRASS ON THE OTHER SIDE. *** 7 DURING THESE EVENTS THERE WAS NO SOUND FROM THE ANTI-LOCK BRAKE SYSTEM AND THE CAR WAS NOT SKIDDING, BUT TIRE TRACKS WERE VISIBLE ON BOTH THE PAVED AND GRAVEL SHOULDERS WHERE THE CAR LEFT THE ROAD. *** 7 WE HAD NO PHONE AND THE CAR WAS OPERABLE, SO WE