SE Texas Record

Saturday, December 7, 2019

Driver loses control and crashes, blames GM for injuries despite wearing seat belt

By Carol Ostrow | May 27, 2015

A Winnsboro resident has sued General Motors, alleging liability.

Jimmy Zercher filed a lawsuit May 19 in the Marshall Division of the Eastern District of Texas against General Motors, doing business in Austin, alleging product negligence in a December 2014 crash.

According to the complaint, on Dec. 21, 2014, Zercher was operating a 2006 Chevrolet Silverado traveling westbound on state Highway 11 in Hopkins County, when he lost control of his vehicle and struck a tree. The plaintiff maintains he was properly seated and wearing his seat belt.

The suit says GM is responsible for his resulting injuries because Zercher's vehicle was unreasonably dangerous in the event of an accident.

The plaintiff alleges General Motors knew or should have known of safer alternatives in the design, manufacture, sale and testing of the vehicle. Zercher states: the vehicle failed to provide adequate safety, restraint and protection; that its airbag failed to deploy; and it generally violated standards of crash-worthiness.

The plaintiff cites: pain, suffering, impairment and disfigurement; lost capacity to enjoy life; and medical expenses.

Zercher seeks: compensation for actual damages; pre- and post-judgment interest; attorney fees; expenses and costs.

He is represented by attorneys E. Todd Tracy, Stewart Matthews, and Andrew Counts of The Tracy Firm in Dallas.

Marshall Division of the Eastern District of Texas case number: 2:15-cv-00803-JRG-RSP.

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