The Viper gearbox IS tricky, and it's easy to catch the wrong gear - especially on the 2-3 shift.
HOWEVER, if you are investigating a claim, you owe it to have an analsyis done on the gearbox by an unbiased professional. Just because "not many people had it happen before", doesn't mean it didn't happen.
Most Vipers are wrecked pretty early on - because of the inexperience of the driver, and their belief that "they can handle it". Most can't.