Kelly Holleran Sep. 30, 2014, 11:42am

Three Diboll residents have filed a lawsuit against Mazda, saying the company's vehicle did not protect them in a collision and caused one person's death.

Angel Rosales, Miguel Rosales and Patricia Renteria allege Angel Rosales was driving a 2011 Mazda 3 east on FM 2262 when the vehicle exited the roadway. Although both Angel and Francisca Rosales were wearing their seat belts at the time of the collision, Francisca Rosales died in the accident and Angel Rosales sustained serious injuries, according to the complaint filed Aug. 27 in the Lufkin Division of the Eastern District of Texas.  Because of the collision, Angel Rosales incurred medical costs, suffered a diminished earning capacity and endured mental anguish and emotional distress, the suit states. He also incurred funeral and burial costs, the complaint says.

All three plaintiffs allege they experienced pain and suffering, extreme emotional distress, mental anguish and a loss of consortium due to Francisca Rosales' death.

Mazda is named as a defendant because it failed to provide adequate protection, failed to maintain adequate survival space, failed to design a vehicle with proper channel loads, violated principles of crash-worthiness in the design of their vehicle and designed a vehicle that was defective and unreasonably dangerous, according to the complaint.

In their complaint, the plaintiffs seek actual damages, plus pre- and post-judgment interest, costs and other relief the court deems just.

E. Todd Tracy, Stewart D Matthews and Andrew G. Counts, of The Tracy Firm in Dallas, will represent them.

Lufkin Division of the Eastern District of Texas case number: 9:14-CV-132

This is a report on a civil lawsuit filed at the Lufkin Division of the Eastern District of Texas. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and it represents only one side of the story.

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