TEXARKANA-The driver of a Ford Expedition is suing the manufacturer of his vehicle's seats after the seat failed to stay upright during a rollover sequence.
Alfredo Morina and Teute Morina filed suit against Johnson Controls Inc. on June 16 in the Bowie County District Court. The defendant removed the case to the Texarkana Division of the Eastern District of Texas on July 22.
The incident occurred on Sept. 8, 2008, as Morina was driving a 2002 Ford Expedition southbound on Texas Boulevard in Texarkana. Morina was struck by another vehicle, causing Morina to lose control of his vehicle and ultimately rolling over.
The plaintiffs argue the Ford Expedition was not reasonably crashworthy due to the seat failing to provide proper restraint, failing to stay upright, and failing to have an inboard locking mechanism.
"The seat's failure to stay upright prevents the driver from maintain control of the vehicle and/or the seat's failure to stay upright renders the seatbelt restraint system ineffective," the lawsuit states.
The defendants are accused of negligent design, manufacture, assembly, marketing and testing of the seat.
The Morinas are seeking damages for pain and suffering, emotional distress, impairment, disfigurement, reduced capacity to enjoy life, medical expenses, lost wages, diminished earning capacity, mental anguish, loss of consortium, interest and costs of suit.
The plaintiffs are represented by E. Todd Tracy and Andrew G. Counts of The Tracy Firm in Dallas.
U.S. District Judge David Folsom is assigned to the case.
Case No. 5:10cvc00125