Woman sues GMC claiming seatbelt failed during rollover

SHERMAN - Following a September vehicle rollover in Savoy, a woman has filed a lawsuit against GMC claiming that her seatbelt did not properly restrain her during the entire accident and permitted her to be ejected from the vehicle.

Amber Seymore filed suit against General Motors on Oct. 17 in the Eastern District of Texas, Sherman Division.

The accident occurred on Sept. 3 as Seymore was driving a 2004 GMC Yukon traveling on FM 1752, near the intersection of US 82 in Savoy, when she lost control of the vehicle and the vehicle rolled over.

Seymore argues that the police report is wrong and that she was properly seated and was wearing her seat belt at the time of accident.

The defendant is accused of designing, manufacturing, marketing, assembling and testing a vehicle that is unreasonably dangerous and defective due to the seatbelt buckle unlatched during the accident; seatbelt failing to provide proper restraint throughout the entire accident; permitting a restrained occupant to be ejected which violated principals of crashworthiness; seatbelt buckle violated FMVSS 209, laboratory test procedure and SAE J 128; and failing to test the subject seatbelt buckle in rollover events to see if it could unlatch.

The plaintiff is seeking an award of damages for pain and suffering, emotional distress, mental anguish, impairment, disfigurement, loss of consortium, interference with daily activities, reduced capacity to enjoy life, medical expenses, lost wages, interest and court costs.

Seymore is represented by E. Todd Tracy and Stewart D. Matthews of The Tracy Firm in Dallas.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:12-cv-00664