 Paul Davenport, who had as attorney for Erin and Shane 's families sued Mavis, said that even if the defense claims were true Hussain was still at least civilly liable since passenger safety was his responsibility.Mallery concurred in a letter to the court a week after the story was reported, writing that there were other problems with the Excursion's brakes that a diligent owner would have become aware of and addressed.The prosecution's expert, Brian Chase, had concluded the master cylinder was functional, and had recently been replaced, when the accident occurred, she noted.