MARSHALL - After suffering a severe brain injury in a vehicle collision, a Lindale woman filed a lawsuit against her car's manufacturer claiming the car was defectively designed and incapable of providing adequate protection.
Whitney Mize filed a lawsuit against Kia Motors America Inc. and Kia Motors Corp. on Aug. 24 in the Eastern District of Texas, Marshall Division.
According to the complaint, on Sept. 12, 2009, Mize was driving her Kia Spectra north on FM 849 near Lindale. The court documents state that while the roads were wet, Mize was operating her vehicle within the posted speed limit and was properly wearing her seat belt. Shane Green was driving a 1975 Chevrolet pick-up southbound on FM-849, when he lost control and hit the front left of Mize's Kia.
Mize states that her air bag deployed but her upper body and her head were not restrained and were able to impact the driver's side A-Pillar. She suffered a severe brain injury, the suit states.
"The subject vehicle's structure and occupant restraint system was defectively designed so as to render it unreasonably dangerous because it was incapable of providing adequate protection to a properly belted occupant during an ordinary and foreseeable frontal off-set collision," the lawsuit states.
The defendants are accused of design defect, manufacturing defect and negligence.
The plaintiff is seeking damages for physical impairment, incapacity and disability, physical pain and suffering, mental damages, medical expenses, interest and court costs.
Mize is represented by Jeffrey T. Embry of Hossley & Embry LLP in Tyler. A jury trial is requested.
U.S. District Judge T. John Ward is assigned to the case.
Case No. 2:11-cv-00371