MARSHALL -- While driving his 1997 Nissan Pathfinder, Michael Guillory was hit by a vehicle that failed to stop at a stop sign.
Although he states he was properly wearing his seatbelt, Guillory believes he was injured because the Pathfinder failed to protect him and the seatbelt unlatched and failed to restrain him.
Guillory filed a product liability suit against Nissan on March 10 in the Marshall Division of the Eastern District of Texas.
The lawsuit states that another vehicle, driven by Jeffrey Moon, disregarded a stop sign and crashed into Guillory's vehicle. The plaintiff says his injuries are a result of the Nissan being "not reasonably crashworthy, and not reasonably fit for unintended, but clearly foreseeable, accidents."
Guillory alleges Nissan is negligent in the design, manufacture, assembly, marketing, and/or testing of the 1997 Nissan Pathfinder.
The suit states that the Pathfinder's seatbelt was defective due to the buckle releasing during the accident, the restraint system not being crashworthy, and the buckle not providing adequate restraint.
The plaintiff is seeking more than $75,000 in damages for pain and suffering, loss of consortium, physical impairment, disfigurement, extreme emotional distress, mental anguish, medical expenses, lost wages, pre and post-judgment interest, and court costs.
Dallas attorneys E. Todd Tracy and Andrew G. Counts of The Tracy Firm and Houston attorney Andreas I. Jones are representing the plaintiff.
Judge David Folsom will preside over the litigation.
Case No: 2:08cv00100