Truck’s roof crushed during rollover, driver killed

03/06/07 - Wise County

Settlement: Undisclosed

Case: Antonio Alvarez Oviedo, Agripinia Oviedo Mireles and Juan Alvarez Palomino, Individually and as Representatives of the Estate of Emma Oviedo, Decreased v. General Motors Corporation and James Wood Motors, Inc., No. 04-12-923

Court: Wise County District Court, 271st, TX
Judge: John H. Fostel
Date: 3/6/2007

Plaintiff Attorneys:
David T. Bright, Watts Law Firm, LLP, Corpus Christi, TX
Mikal C. Watts, Watts Law Firm, LLP, Corpus Christi, TX

Defense Attorneys:
Deron L. Wade, Strasburger & Price, LLP, Dallas, TX

Facts & Allegations:
On Dec. 22, 2003, plaintiff’s decedent Emma Oviedo, a 35-year-old nursing home worker, was driving a 2003 Chevrolet Crew Cab pickup truck near Matehuala-San Roberto, Mexico when she lost control of the vehicle. The truck rolled over, and Oviedo sustained fatal injuries caused by the combination of severe roof crush and her partial ejection through the driver’s side window.
- Claiming products liability, Oviedo’s family sued General Motors, the market of the truck, and James Wood Motors Inc., Decatur, which sold Oviedo the truck.
- Plaintiff’s counsel argued that the roof was defectively designed, as evidenced by the fact that it suffered a severe roof crush even though the truck rolled over on a soft, flat surface.

Injuries/Damages: Death
- Oviedo was survived by by her parents and one brother. Her parents sought to recover for loss of care, maintenance, services, support, advice, counsel, pecuniary contributions, love, comfort, companionship and society which they would have received from their daughter had she lived, as well as their mental anguish and other damages.

Result: The parties settled for a confidential amount, James Wood Motors Inc., was indemnified.