Reyes v. General Motors et. al.
2009 April 5
Hunter Craft of Watts Guerra Craft’s Houston office recently filed a lawsuit against General Motors and others in Brooks County, Texas. The lawsuit alleges that on or about December 31, 2008, Robey Reyes was the front seat passenger in a 2009 Chevrolet Silverado 2500 driven by Eduardo Delgado Salazar. The vehicle was headed south on U.S. Highway 281 near Rachal, Brooks County, Texas when, at approximately 3:15 p.m., the vehicle entered into a roll sequence. During the roll sequence, Robey Reyes was killed.
Against General Motors, Reyes alleges:
- The subject vehicle killed Robey Reyes due to defects in the design of said vehicle. Said defects were producing causes of the death of Robey Reyes, and Plaintiffs’ subsequent damages in this case.
- There was a design defect in the subject vehicle at the time it left the possession of GM that was a producing cause of Plaintiffs’ damages in this case. Specifically, the subject vehicle’s handling and stability characteristics rendered the vehicle unreasonably dangerous and defective as designed, taking into consideration the utility of the subject vehicle and the risks involved in its use.
- Additionally, the subject vehicle’s occupant protection system, specifically its roof and occupant containment system, were inadequate to protect consumers during foreseeable rollover events, and thus rendered the vehicle unreasonably dangerous and defective as designed, taking into consideration the utility of the subject vehicle and the risks involved in its use.
- At the time the subject vehicle left the possession of GM, there were safer alternative designs other than the designs used in the subject vehicle that would have prevented or significantly reduced the risk of rollover and subsequent death including, but not limited to, electronic stability control (ESC), a stronger roof, rollover-activated side-curtain airbags, and/or glass less likely to break out and create an ejection portal during rollovers.
- These alternative designs were both economically and technologically feasible by the application of existing or reasonably achievable scientific knowledge at the time the subject vehicle left the control of Defendant GM.
The Plaintiffs seek survival damages, wrongful death damages, and exemplary damages.
