While driving down Interstate 10, Linda McCabe's Ford Explorer ran over an piece of lumber that was in the middle of the road, causing her left-rear tire to blow out and the vehicle to enter a roll-over sequence.
Linda was severely injured and later died from her injuries.
Lonnie McCabe, individually and as representative of the estate of deceased Linda McCabe, filed a product liability suit against Ford Motor Co., Cooper Tire and Rubber Co. and Superior Tire and Service on June 22, 2009, in the 172nd Judicial District Court of Jefferson County.
Citing the plaintiff is seeking damages in excess of the minimum requirement, Cooper Tire removed the case to the federal court in the Eastern District of Texas, Beaumont Division on Feb. 22.
According to court records, Linda McCabe was not wearing a seat belt when her Explorer struck an 8-inch-by-4-inch-by-4-inch piece of lumber. The lawsuit alleges that the Ford Explorer was defective and unreasonably dangerous and had a propensity to roll over.
McCabe alleges that the defendants were negligent in their design, manufacture, and marketing of the Explorer.
The plaintiff is seeking more than $75,000 in unspecified damages.
Cooper Tire believes Superior Tire and Service is improperly joined as a party because it is only a non-manufacturing seller of goods and meets the exceptions to be immune from liability.
Beaumont attorney Paul F. Ferguson Jr. of Provost Umphrey Law Firm LLP is representing the plaintiff.
U.S. District Judge Thad Heartfield will preside over the litigation.
Case No 1:10cv00098