Woman sues after airbag deploys while vehicle not in use

Michelle Massey, East Texas Bureau Aug. 11, 2010, 6:21am

MARSHALL-A Nacogdoches woman has filed a lawsuit alleging her minor daughter received injuries after a Ford Expedition's airbags suddenly deployed when the vehicle was not in use.

Dorothy Rushing, individually and as next friend of minor Virginia Rushing, filed suit against Ford Motor Co., TRW Automotive Inc. doing business as TRW Vehicle Safety Systems on Aug. 4 in the Eastern District of Texas, Marshall Division.

The plaintiff claims the incident occurred on Aug. 4, 2008, when Dorothy Rushing and her daughter, Virginia, were sitting in a 2003 Eddie Bauer Ford Expedition when the front passenger side airbag suddenly deployed without warning.

"Such unnecessary and unexpected deployment of the airbag caused serious injuries and damages to Virginia Rushing," the complaint states.

Rushing argues the Expedition is defective and unsafe due to the unnecessary and unexpected deployment of the airbag while the vehicle was not in use.

The defendants are accused of failing to safely and adequately design, manufacture, and market the vehicle, failing to inspect and maintain the vehicle and failing to properly warn of the condition of the vehicle.

The plaintiff is seeking damages for medical expenses, physical pain and suffering, physical impairment, loss of earnings, lost earning capacity, loss of household services, mental anguish, exemplary damages, interest and court costs.

Rushing is represented by Nacogdoches attorney Reese P. Andrews.

U.S. District Judge T. John Ward is assigned to the case.

Case No. 2:10cv00285

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