MARSHALL - The parents of a Tyler child have filed a lawsuit against General Motors that accuses the car manufacturer of developing a vehicle that was unreasonably dangerous and allowed their child to be partially ejected when the vehicle rolled over.
Manuel Hernandez and Evelia Hernandez, individually and as next friends to a minor, filed suit against GM on Nov. 11 in the Eastern District of Texas, Marshall Division.
The accident occurred on Nov. 14, 2009, as the minor was riding in a 2004 Chevrolet Tahoe traveling eastbound on CR-46 in Tyler. The child was seriously injured when the driver lost control of the Tahoe and the vehicle rolled over.
According to the lawsuit, at the time of the accident the minor was the right front passenger and was wearing his seat belt.
GM is accused of manufacturing an unreasonably dangerous and defective vehicle because it failed to prevent partial ejection; it did not contain ejection mitigating type glass, laminated side glass, bi-layer glass, plastic glass or ETG type glass; and failed to contain any type of side curtain/side canopy system to prevent partial ejection to restrained occupants..
The parents argue that the defendant knew the vehicle was defective and did not properly test the vehicle to evaluate the risks, hazards and dangers of partial ejection and failed to conduct proper engineering analysis.
On behalf of the minor, the plaintiffs are seeking damages for disfigurement, physical and emotional pain, torment, mental anguish, emotional distress, impairment and reduced capacity to enjoy life, medical expenses and loss of earning capacity.
Individually, the plaintiffs are seeking damages for emotional distress, mental anguish, loss of consortium, interest and court costs.
The plaintiffs are represented by E. Todd Tracy and I. Scott Lidji of The Tracy Firm in Dallas.
U.S. District Judge T. John Ward is assigned to the case.
Case No. 2:10-cv-00478