Three parents cite GM in multiple roadway fatalities

By Carol Ostrow | May 27, 2015

A father of three children and two parents of another child filed suit against General Motors, alleging liability.

James Regester, individually and as next friend of K.R., A.R. and A.R., minor children, of Flint; and Leonid Zapolskyy and Olga Zapolskyy of Ukraine filed a lawsuit May 18 in the Marshall Division of the Eastern District of Texas against General Motors, alleging product negligence in a March 2015 accident.

K.R., A.R. and A.R are the surviving children of James Regester and Dana Regester, deceased. The Zapolskyys are the surviving parents of Pasha Zapolskyy, deceased.

According to the complaint, on March 4, 2015, Dana Regester was driving a 2013 Chevy Traverse northbound on FM 2493 in Smith County when she was struck head-on by another vehicle. The suit states despite all riders being properly seated and wearing their seat belts, Dana Regester and Pasha Zapolskyy sustained fatal injuries, and A.R. sustained serious injuries when their vehicle failed to protect them.

The suit says General Motors assumes all liability for the vehicle in question and the defendant knew or should have known of safer alternative designs which would have prevented the accident and/or injuries of the vehicle’s occupants. The complaint cites the vehicle as defective, unreasonably dangerous, not crash-worthy, not properly tested, and constructed weakly in failing to provide proper restraint to the driver and passengers.

The plaintiffs allege: loss of care, support, services, and companionship along with severe anguish and distress from witnessing the fatal accident; impairment; disfigurement; and funeral expenses.

They plaintiffs seek actual damages, pre- and post-judgment interest, attorney fees, expenses and costs.

They are 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-00796.

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