Toyota non-suited from case alleging vehicle failed to protect driver in head-on crash

David Yates Nov. 4, 2013, 2:42pm

Toyota Motor Corp. has been non-suited from a product liability lawsuit. 

As previously reported, Brandi Scharber filed suit against Toyota Motor Corp. and the driver who struck her, Gayle-Marie Purcell, on Jan. 10 in Jefferson County District Court, alleging her Camry failed to protect her in a head-on collision.

On Sept. 30 Scharber filed a motion seeking to non-suit both defendants without prejudice, court records show.

Judge Bob Wortham, 58th District Court, granted the motion of non-suit on Oct. 7.

According to the lawsuit, on June 8, 2012, Scharber was driving a 2000 Toyota Camry and traveling south on Major Drive in Beaumont when Purcell struck her head-on.

“At the time of the incident, Brandi Scharber was properly seated and wearing her seat belt,” the suit states. “However, despite being properly restrained, Brandi Scharber suffered serious injuries when the vehicle which she was driving failed to protect her.”

The suit accused Toyota of manufacturing and selling an uncrashworthy vehicle.

Purcell was blamed for negligently failing to keep a proper lookout and obey traffic laws.

Scharber was suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Dallas attorney E. Todd Tracy represents her.

Case No. A193-812

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