Chevrolet Suburban’s roof crushed during rollover, driver was killed
06/01/06 - Lake County, Florida
Settlement: Confidential
Case: Cause No. 45D04-0502-CT-00024
Estate of Marin Garcia, Deceased, by Personal Representative Maria Garcia vs. General Motors Corporation and Smith Motors, Inc. of Hammond d/b/a Smith Chevrolet; In the Lake Superior Court Civil Division, Room Four, Sitting at Gary, Indiana
Plaintiff Attorneys:
David T. Bright, Watts Law Firm, LLP, Corpus Christi, TX
Mikal C. Watts, Watts Law Firm, LLP, Corpus Christi, TX
Robert G. Vann, Law Office of Robert G. Vann, Merrillville, Indiana
Defense Attorneys:
Jeffrey Gorcyca, Bowman & Brooke, LLP, Troy, Michigan
Scott Bilse, Abrahamson, Reed & Bilse, Hammond, Indiana
Defect: Rollover, roof crush, defective restraint system
Facts & Allegations:
The subject incident, which involves the rollover of a 1999 Chevrolet Suburban, occurred on February 12, 2004, at approximately 11:30 p.m. in Nuevo Laredo,Tamulipas, Mexico. The decedent, Marin Garcia Villarreal, was the driver of the vehicle in question, which rolled over, killing Mr. Garcia Villarreal due to the extensive roof crush. There were three other passengers in the vehicle, including his wife.
According to the police report, Mr. Garcia Villarreal was traveling north toward Nuevo Laredo, Mexico on a four lane highway, which was divided by a median. The vehicle left the highway and rolled over in the median between the two roadways. All occupants of the vehicle, including Mr. Garcia Villarreal, were wearing their seatbelts at the time of the accident. Still, Mr. Garcia Villarreal was killed because of the extensive roof crush to the vehicle. The 1999 Chevrolet Suburban suffered severe roof crush. The dramatic roof crush caused Mr. Garcia Villarreal’s injuries and death.
Injuries/Damages: Death
Mr. Garcia Villarreal was survived by his wife and five adult children. Ms. Garcia Villarreal sought to recover for loss of care, maintenance, services, support, advice, counsel, pecuniary contributions, love, comfort, companionship and society which she would have received from her husband had he lived, as well as her mental anguish and other damages.
Result: The parties settled for a confidential amount.