MARSHALL - A Marshall woman has filed a lawsuit claiming she suffered injuries when her Kia vehicle failed to protect her in a rear-end collision.
Suzy Collier filed suit against Kia Motors America Inc. and Kia Motors Corp. on Sept. 24 in the Eastern District of Texas, Marshall Division.
The accident occurred on March 16 as James Collier was driving a 2007 Kia Rio traveling westbound on SH 154 in Harrison County. Michael Zeigler was driving the vehicle in front of Collier and slowed, causing Collier to strike his vehicle.
At the time of the accident, Collier was the right front passenger and was seriously injured when the vehicle failed to protect her, according to the lawsuit.
The defendants are accused of designing, manufacturing, marketing, assembling, and testing a vehicle that was not reasonably crashworthy and was not reasonably fit unintended, but clearly foreseeable, accidents.
According to the lawsuit, the vehicle failed to provide proper restraint, failing to protect the lower legs, failed to contain knee airbags or a padded 100 mm knee bolster to protect the lower legs, the pretensioner failed to perform properly, vehicle violated principles of crashworthiness because it did not provide proper restraint and did not absorb energy, vehicle’s seat cushion is too rigid and stiff which permits excessive forward excursion of the buttocks, seatbelt restraint permitted excessive forward excursion, and the airbag did not deploy timely.
The plaintiff is seeking an award of damages for pain and suffering, impairment, disfigurement, interference with her daily activities, reduced capacity to enjoy life, medical expenses, interest and court costs.
Collier is represented by E. Todd Tracy, Stewart D. Matthews and Andrew G. Counts of The Tracy Firm in Dallas.
U.S. District Judge Rodney Gilstrap is assigned to the case.
Case No. 2:13-cv-00759