Tort Law
Teens’ Parents Claim 2006 VW Beetle Was ‘Unreasonably Dangerous’
Posted Oct 7, 2008, 12:38 pm CST
By Martha Neil
After one Texas teen was killed and another paralyzed in a rollover accident, their parents are suing the manufacturer of their 2006 Volkswagen Beetle.
The vehicle was "unreasonably dangerous," contend Earl and Juanita McGilvra and Michael Kitchings and his daughter, Ashley, in the federal court product liability suit, which seeks punitive as well as compensatory damages, reports the Southeast Texas Record.
They allege that the death of Samuel McGilvra and Ashley Kitchings' injuries could have been prevented if the VW Beetle had been designed with safer alternatives including "electronic stability control, seats less prone to failure during rollover events, ABTS/seat-integrated restraints, rollover-activated seat belt pretensioners, rollover-activated side-curtain airbags, and side glass less prone to breakage and/or failure during rollover events."
The rollover accident occurred after the vehicle left the road and Samuel McGilvra, who was at the wheel, over-corrected and lost control, according to court papers in the Eastern District of Texas lawsuit.
Houston attorneys Mikal Watts, J. Hunter Craft and Tyler attorney Randell Roberts are representing the plaintiffs.
The article doesn't include a response from the defense.