Michelle Keahey, East Texas Bureau Jul. 15, 2013, 8:59pm

MARSHALL - A Tyler resident has filed a lawsuit against Nissan claiming a defective vehicle is the reason he suffered serious injuries when the vehicle in which he was riding struck a tree and rolled over.

Stephan Caldwell filed suit against Nissan Motor Co. Ltd on July 11 in the Eastern District of Texas, Marshall Division.

The accident occurred on Jan. 12, 2012, as Caldwell was riding in a 2003 Nissan Xterra and traveling southbound on CR113 in Smith County. The vehicle in which he was riding left the road, and struck a tree, which caused the vehicle to rollover. Despite being properly seated and restrained, Caldwell was seriously injured in the accident, according to the lawsuit.

The plaintiff argues the vehicle was unreasonably dangerous and defective, failed to provide proper restraint throughout the entire rollover, permitted excessive lateral and vertical excursion that lead to rollout, failed to contain a pretensioner in the rear seat, the side curtain air bag failed to deploy, the vehicle failed to use energy absorbing material on the roof panels and violated the principles of crashworthiness.

Caldwell is asking for and award of damages for pain and suffering, extreme emotional distress, mental anguish, impairment, and disfigurement, loss of consortium and interference with his daily activities and a reduced capacity to enjoy life, medical expenses, diminished earning capacity, interest, and court costs.

The plaintiff is represented by E. Todd Tracy, Stewart D. Matthews and Andrew G. Counts of The Tracy Firm in Dallas.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:13-cv-00546

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