MARSHALL - After a fatal SUV rollover accident, a Chevrolet dealership is facing a wrongful death lawsuit that claims it should not have issued the vehicle a state inspection sticker.
Rosemary Jackson Johnson, individually and as legal heir to the estate of Henry Johnson, deceased; and Shenna Rochell Johnson, individually, filed suit against Munday Chevrolet-Pontiac Inc., also known as Munday Chevrolet on May 19 in the Eastern District of Texas, Marshall Division.
The vehicle accident occurred on June 19, 2010, as Henry Johnson and his wife were traveling eastbound on Interstate 30 in their 2002 GMC Yukon when the left rear tire tread separated. The separation caused Johnson to lose control of the vehicle and the vehicle entered a deadly rollover sequence. Henry Johnson received fatal injuries in the accident.
According to the lawsuit, the defendant provided Johnson with a state inspection sticker eight days before the accident and also performed a multi-point vehicle inspection. The defendant also performed a multi-point vehicle inspection 11 days before the accident. Both inspections identified the tires as having no unusual wear pattern and no need for alignment.
The defendant is accused of failing to properly inspect the tires and failing to identify that the side shoulder was wearing faster and should have required a new tire and no issuance of a state inspection sticker.
The defendant is also accused of failing to identify a puncture in the serial side shoulder that was improperly repaired, failing to properly conduct multi-point vehicle inspections, failing to identify improper tire wear patterns, failing to have skilled and experienced tire and vehicle inspectors and failing on two separate occasions to identify the dangerous of the tire.
On behalf of Henry Johnson and individually, the plaintiffs are seeking damages for disfigurement, conscious physical and emotional pain, torment, mental anguish, emotional distress, loss of consortium, loss of inheritance, medical, funeral and burial expenses, interest and court costs.
The plaintiffs are represented by E. Toddy Tracy and I. Scott Lidji of The Tracy Firm in Dallas.
U.S. District Judge David Folsom is assigned to the case.
Case No. 2:11-cv-00259