Suit claims vehicle failed to protect woman during head-on collision

Michelle Massey, East Texas Bureau May 27, 2010, 6:29am

SHERMAN-Despite wearing her seatbelt, Leona Reger suffered serious injuries when her 2006 Mitsubishi was struck head-on by another vehicle.

According to the Star-Telegram, a local newspaper, Reger was hit head-on when an 18 year old attempted to pass another vehicle in a no-passing zone. The 18 year old was pronounced dead on the scene and Reger was airlifted to Texas Health Harris Methodist Hospital in Fort Worth.

Arguing that her vehicle failed to protect her, Leona Reger filed a motor vehicle product liability lawsuit against Mitsubishi Motors North America Inc. and Mitsubishi Motor Corp. on May 19 in the Sherman Division of the Eastern District of Texas. The accident occurred Sept. 9, 2009, while Reger was traveling northbound on US 377.

Reger states that the vehicle was defective and unreasonably dangerous because violated principles of crashworthiness by not maintaining survival space and it failed to provide adequate lower leg protection in frontal offset type impacts.

Further, the plaintiff states that the defendants failed to reinforce the toe board, floor pan and footwell area, failed to provide knee airbag protection or inflatable restraint protection for the lower legs, and failed to properly test the subject vehicle and failed to conduct adequate engineering analysis to evaluate risks, hazards and danger of lower leg crush type of injuries.

The plaintiff is seeking damages for disfigurement, physical and emotional pain, torment, mental anguish, emotional distress, impairment, reduced capacity to enjoy life, medical expenses, diminished earning capacity, interest and costs of suit.

Dallas attorneys E. Todd Tracy and I. Scott Lidji of The Tracy Firm are representing the plaintiff.

U.S. District Judge Richard A. Schell is assigned to the litigation.

Case No. 4:10cv00256

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