TYLER-Attempting to avoid hitting a large dog that ran out onto the road, Juan Ruiz swerved, causing his 1998 Chevrolet Blazer to enter a rollover sequence.
A minor in the vehicle sustained serious injuries to her right arm, which was eventually amputated above the elbow.
The family of the minor is suing the vehicle's manufacturer arguing that that the Blazer was "unreasonably dangerously defective" and did not provide adequate occupant protection in the event of a rollover.
Cornelio Diaz, as next friend of Daisy Diaz, a minor, and as next friend of Evelyn Ruiz, a minor, filed the lawsuit against General Motors Corp. on April 13 in the Eastern District of Texas, Tyler division.
The accident occurred on Nov. 4, 2009, outside of Tyler.
The plaintiff accuses General Motors of designing an unreasonably dangerous vehicle that has a propensity to roll over under normal operating conditions.
Diaz states the defendant misled consumers as to the vehicle's safety characteristics and handling capabilities and failed to provide sufficient warnings about the likelihood of the vehicle rolling over during normal operation.
The plaintiff is seeking damages for medical expenses, lost wages, pain and suffering, mental anguish, punitive damages, costs of suit and interest.
Houston attorney Richard E. Norman of Crowley Norman LLP is representing the plaintiff. Jury trial requested.
Court assignment is pending.
Case No 6:10cv00140