SHERMAN - A couple from Cooper has filed a lawsuit against GM claiming that their vehicle’s airbag failed to deploy and protect them when their vehicle struck the back of another vehicle.

Landis Mobley and Wandalene Mobley filed suit against General Motors on Aug. 9, 2013 in Delta County District Court. The defendant removed the case to the Eastern District of Texas, Sherman Division. 

According to the suit, the incident occurred on Nov. 23, 2011, as Landis Mobley was driving a 2011 Buick Lucerne traveling southbound on SH 24 in Delta County. Mobley struck the back of another vehicle when it suddenly stopped. According to the lawsuit, the plaintiffs were properly wearing their three-point seat belt at the time of the accident.

Despite being properly restrained, Mobley sustained serious injuries when their vehicle failed to protect them, the suit alleges.

The defendant is accused of designing, manufacturing, marketing, assembling and testing of the vehicle. Specifically, the plaintiffs allege that the front airbags did not deploy, the lack of airbag deployment rendered the three-point safety system ineffective and the lack of airbag deployment was a pure manufacturing defect unique to this vehicle since the deployment threshold was met.

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

The plaintiffs are represented by E. Todd Tracy, Andrew G. Counts and Stewart G. Matthews of The Tracy Firm in Dallas. A jury trial is requested.

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

Case No. 4:13-cv-00570

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