Southeast Texas Record

Monday, February 24, 2020

Ford sued after driver suffers fatal injuries during roll over

By Michelle Massey, East Texas Bureau | Dec 22, 2010

MARSHALL - Two Mount Vernon residents are suing Ford after their son was killed when his Ford vehicle entered a roll over sequence and he was ejected.

Sandra Divin and Jerry Divin, individually and as representative of the Estate of Gregory Divin, filed suit against Ford Motor Co. and TRW Vehicle Safety Systems Inc. on Dec. 17 in the Eastern District of Texas, Marshall Division.

The accident occurred on May 5 as Gregory Divin, a minor, was driving a 1996 Ford Ranger eastbound on US Hwy 67 in Morris County. He lost control of the vehicle and the vehicle went into a side skid, rolled over and Divin was ejected. According to the lawsuit, despite wearing his seat belt, Divin sustained fatal injuries when the restraint system failed.

The defendants are accused of manufacturing an unreasonably dangerous and defective vehicle. Specifically, the lawsuit states that the seatbelt webbing failed to comply with federal statutes and tore apart and destroyed the restraint effectiveness and crashworthiness.

The petitioners are seeking damages for disfigurement, conscious physical and emotional pain, torment, mental anguish, emotional distress, loss of care, maintenance, support, services, advice, counsel, reasonably contributions of a pecuniary value, loss of companionship and society, loss of consortium, emotional distress, mental anguish, loss of inheritance, medical, funeral and burial expenses, 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-00567

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