MARSHALL - The family of a deceased minor child has filed wrongful death lawsuit against GM following an accident in Marion County in which the child suffered fatal injuries when the vehicle in which she was a passenger struck a tree.

Addison Reilly, individually and as next friend to a minor, Carson Reilly, filed suit against General Motors and Kimberly Reilly on Aug. 24, 2012, in Marion County District Court. The defendants removed the case to the Eastern District of Texas, Marshall Division on March 6.

The crash occurred on Jan. 15, 2012, as Kimberly Reilly was driving a 2008 Chevrolet Silverado traveling southbound on FM 248, lost control of her vehicle and struck a tree. At the time of the collision, minor Carson Reilly was the rear right passenger. The suit states she was properly seated and wearing her three-point seat belt, however she suffered fatal injuries.

Plaintiffs allege that the vehicle was not reasonably crashworthy, and specifically allege that the vehicle failed to provide proper restraint, failed to provide any type of side airbag protection, that the side structure is weak, inadequately reinforced and lacks structural integrity which caused the survival space to be compromised when her door opened during the accident.

The lawsuit is seeking an award of damages for funeral and burial expenses, emotional distress, mental anguish, loss of consortium, interest and court costs.

The plaintiff is represented by E. Todd Tracy, I. Scott Lidji and Stewart Matthews of The Tracy Firm in Dallas.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:13-cv-00197

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