Embry
TYLER - After their son suffered an incapacitating head injury in a vehicle crash, two Nacogdoches parents have filed a lawsuit for negligence against the vehicle's manufacturer.
Brandon Davis and Carolyn Davis, individually and as next friend of Ryan Davis, an incapacitated person, filed suit against Chrysler Group on July 10 in the Eastern District of Texas, Tyler Division.
The wreck occurred on Dec. 10, 2010, as Ryan Davis, age 21, was driving a 2005 Dodge Ram 1500 on Seawolf Parkway in Galveston. According to the lawsuit, he lost control of the vehicle and left the roadway.
During the accident, the latch on the driver's side door allegedly failed, allowing the door to open and Davis to be partially ejected. As a result, Davis suffered a serious head injury.
The defendant is accused of negligently designing an unreasonably dangerous vehicle.
"The subject vehicle's driver's side door mechanism was unreasonably dangerous and negligently designed because it was unable to withstand foreseeable crash forces without allowing the door to open and expose the occupant to enhanced injury," the lawsuit states.
The family is asking for an award of damages for physical impairment, incapacity, disfigurement, disability, physical pain and suffering, mental anguish, loss of companionship and society, love and affection, pecuniary losses, loss of earning capacity, lost earnings, medical expenses, interest and court costs.
The plaintiffs are represented by Jeffrey T. Embry of Hossley & Embry in Tyler. A jury trial is requested.
U.S. District Judge Michael H. Schneider is assigned to the case.
Case No. 6:12-cv-00440