Carol Ostrow Apr. 10, 2015, 7:59am


A married couple is suing a major automotive company, claiming liability in a 2014 accident.

Dewayne and Tracey Hightower of Gladewater filed suit against General Motors LLC, of Detroit, and doing business in Texas, in the Marshall Division of the Eastern District of Texas on April 8, over an October 2014 accident.

The complaint states that Tracey Hightower was driving a 2003 Envoy east on U.S. 84 in Anderson County on or about Oct. 19, 2014. She lost control of the vehicle, which left the roadway, struck a tree and rolled over, according to the filing.

According to the suit, Tracey was properly seated and was wearing her seat belt. The grievance maintains that she nevertheless sustained serious injuries when the vehicle failed to protect her.

The plaintiffs allege that the defendant should have known that accidents happen; that the car was not crash-worthy; and that General Motors should have known of safer alternative designs to prevent or mitigate the consequences of the incident.

Claiming that the vehicle was unreasonably dangerous, the couple argues that the defendant was negligent in its design, manufacture, assembly, marketing and/or testing of the automobile. Tracey cites pain and suffering, lost wages, lessened earning capacity, distress and anguish, and loss of consortium.

The plaintiffs seek: compensation in the form of actual damages; pre- and post-judgment interest; attorney’s fees; expenses; and costs. They are represented by E. Todd Tracy, Stewart Matthews and Andrew Counts of the Tracy Firm in Dallas.

Marshall Division of the Eastern District of Texas, case no. 2:15-cv-00463-JRG-RSP

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