Chevrolet Trailblazer’s roof crushed during rollover, failure of restraint system, driver was rendered quadraplegic
09/13/07 - De Kalb County, Alabama
Settlement: Confidential
Case: Civil Action No. CV-06-256; Lonnie Lusk and Martha Lusk, Individually, and Keisha Higgins, Minor Child, By and Through her Mother and Next Friend, Martha Lusk vs. Tracy Don Pruitt and General Motors Corporation; In the Circuit Court of De Kalb County, Alabama
Plaintiff Attorneys:
David T. Bright, Watts Law Firm, LLP, Corpus Christi, TX
Mikal C. Watts, Watts Law Firm, LLP, Corpus Christi, TX
Jon E. Lewis & Stuart McAtee, Lewis & McAtee, Birmingham, Alabama
Defense Attorneys:
Jameson B. Carroll, King & Spalding, Atlanta, Georgia
E. Allen Dodd, Jr., Scruggs, Dodd & Dodd, P.A., Fort Payne, Alabama
Defect: Rollover, roof crush, defective restraint system
Facts & Allegations:
The subject incident, which involves the rollover of a 2002 Chevrolet Trailblazer, occurred on November 6, 2005, at approximately 3:24 in Rainsville, Alabama. Mrs. Lusk was driving, Mr. Lusk was riding as front passenger, and their daughter, Keisha Higgins, 12 years old, was riding as rear right passenger. Mrs. Lusk was traveling west in the outside lane on Main Street. Another vehicle, driven by Tracy Don Pruitt, ran a stop sign and T-boned the Lusk vehicle on the front passenger side door. Even though the impact was not severe, the Trailblazer went out of control and rolled over. Mr. Lusk, though belted, was rendered a quadraplegic. Mr. Lusk’s daughter, Keisha Higgins, was ejected from the vehicle. The police report confirms that Mr. Lusk was wearing his seatbelt. Still, Mr. Lusk was rendered a quadraplegic because of extreme roof crush and failure of the restraint system. Even the EMS noted that “top of vehicle over pt head had 12 in+ intrusion”
Injuries/Damages: Paraplegia
Mr. Lusk is married with one grown child and one minor daughter. Mr. and Mrs. Lusk sought to recover for loss of care, maintenance, services, support, advice, counsel, pecuniary contributions, love, comfort, companionship and society which they would have received had Mr. Lusk not been rendered a quadraplegic as a result of the roof crush and failure of the restraint system, as well as her mental anguish and other damages.
Result: The parties settled for a confidential amount.