John Suayan, Galveston Bureau Dec. 19, 2012, 3:35pm

HOUSTON - A fatal two-vehicle accident in Mexico two years ago has resulted in a lawsuit, recent court records show.

Houston residents Eva and Julio Garcia claim their son was killed in the event in question and have filed suit against General Motors LLC in Harris County District Court on Oct. 17.

Joining them in the legal battle is Maria Garcia, also of Houston, who alleges her husband Fernando also died in the wreck.

GM removed the case to the Houston Division of the Southern District of Texas on Dec. 14.

The suit states that the group was traveling near Monterrey, Mexico, in their 2003 Chevrolet Envoy with Julio A. Garcia at the wheel on the night of Nov. 18, 2010, when they collided with another vehicle driven by Alfonso Casturita.

Julio A. Garcia allegedly lost control of the Envoy and it "ultimately" rolled over, the impact causing Fernando Garcia and the young boy to be ejected and suffer fatal injuries.

According to the original petition, the decedents were wearing their seat belts.

The complainants assert the vehicle "was not reasonably crashworthy, and was not reasonably fit for unintended, but clearly foreseeable, accidents".

They accuse GM of improperly designing, manufacturing, marketing, assembling and testing the Envoy.

Attorney E. Todd Tracy with The Tracy Firm in Dallas is representing the complainants.

Case No. 4:12-CV-3642

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