HOUSTON - The First Court of Appeals today affirmed a ruling granting summary judgment in favor of Volkswagen Group of America and Sewell Audi North Houston in a product liability lawsuit.
The lawsuit was brought by Folusho Peters, who purchased a used Audi from the defendants. Prior to the purchase, the previous owner replaced the vehicle’s windshield, which required the removal and reinstallation of the vehicle’s rear view mirror.
According to the First Court’s opinion, Peters was driving to work when she swerved to avoid hitting the car in front of her, lost control of the vehicle, and struck a concrete guardrail. Upon impact, the vehicle’s rear view mirror detached from the windshield and struck her in the face, injuring her.
Peters sued VWGoA and Sewell, asserting claims for strict product liability, negligence, breach of express and implied warranties, Deceptive Trade Practices Act violations, and gross negligence.
The trial court granted the defendants’ summary judgment on Peters’ claims, leading to the appeal.
Justices found that they could not reasonably infer that either of the defendants was negligent because the accident occurred after the vehicle left their control, and they were not in control when the windshield was installed.
“Having found no error in the trial court’s grant of summary judgment in favor of appellees, we affirm the order of the trial court,” the opinion states.
Appeals case No. 01-21-00634-CV