SHERMAN — The family of a deceased vehicle driver is suing an automobile company, alleging breach of implied warranty and design defect.
Cynthia Briscoe, Tara Taylor, and Amy Robbins filed a complaint March 9 in the Sherman Division of the Eastern District of Texas against FCA US LLC, alleging failure to provide a reasonably crash-worthy and a reasonably fit vehicle as required by safety standards.
According to the complaint, on Dec. 6, 2016, Larry Scott Briscoe, the husband and father of the plaintiffs was driving a 2004 Dodge Ram 1500 on FM 195 in Lamar County when he was struck by another vehicle.
Despite being properly seated and properly wearing available seat belt, the suit says, Briscoe sustained fatal injuries when the vehicle failed to protect him because it violated several crash-worthy principles. As a result, the Briscoe family says they suffered loss, burial expenses and mental anguish as a result of the death of Larry Scott Briscoe.
The plaintiffs allege the defendant failed to conduct proper testing and engineering analysis during the design, development and testing of the vehicle and failed to know at least one safer alternative design that would have prevented the fatal injuries.
The plaintiffs seek trial by jury, actual damages, pre- and post-judgment interest, costs of court and all other equitable relief. They are represented by attorneys E. Todd Tracy, Stewart D. Matthews and Andrew G. Counts of The Tracy Law Firm in Dallas.
Sherman Division of the Eastern District of Texas Case number 4:17-cv-00172