HOUSTON – A woman alleges her 1998 Toyota Camry had a defective occupational restraint system and caused injuries to her minor son.
Diedra Ferguson, individually and as next friend of K.H. III, a minor filed a complaint on April 16 in the Houston Division of the Southern District of Texas against Toyota Motor Corp., et al. alleging products liability - general negligence, defective design and other counts.
According to the complaint, the plaintiff alleges that on April 16, 2016, Ferguson was driving her 1998 Toyota Camry on SH 19 in Huntsville with three passengers, including her son, K. H. III, when they were rear-ended by another vehicle. Upon impact, the driver's seat failed, allowing her and the seat itself to enter into the rear passenger compartment, striking and injuring K. H. III.
The plaintiffs hold Toyota Motor Corp., et al responsible because the defendants allegedly breached their duties to ensure that the subject vehicle was without defect and failed to warn purchasers of the unsafe design characteristics of the vehicle's restraint system.
The plaintiffs request a trial by jury and seeks judgment against the defendants, jointly and severally, for plaintiffs' damages, pre- and post-judgment interest, attorneys' fees, costs and expenses and such other and further relief. They are represented by James E. Payne of Provost & Umphrey Law Firm LLP in Beaumont.
Houston Division of the Southern District of Texas case number 4:18-cv-01203