David Yates Sep. 23, 2013, 2:12pm

While sitting on the rear bumper of a truck, Sergio Martinez alleges a vehicle owned by the city of Port Arthur and designed by General Motors, rolled into him and pinned him against the truck.

As previously reported, on March 18, Martinez filed suit against the city in Jefferson County District Court.

Court records show that on May 13 the city filed a motion for leave to designate General Motors as a responsible third party.

The motion argues that GM negligently designed the vehicle, which caused it to slip out of gear when the vehicle was unoccupied.

Judge Donald Floyd, 172nd District Court, granted the motion on July 15, court papers say.

According to the lawsuit, on May 1, 2011, Martinez was sitting on the rear bumper of a truck parked in the parking lot of an area church, when a city-owned sports utility vehicle began to roll forward and then pinned him against the truck.

The suit alleges the unnamed city employee failed to set the parking brake and that the city of Port Arthur is responsible for his negligent actions.

The plaintiff is suing for his alleged past and future medical expenses, mental anguish, pain, impairment and lost wages, plus all court costs.

Houston attorney Corey Gomel represents him.

Germer Gertz attorney Larry Simmons of Beaumont represents the city of Port Arthur.

Case No. E194-164

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