Texas State Judge Dismisses Product Liability Suit Against GM, Finding No Evidence To Support Product Liability Claim For Ignition Switch Defect
On Dec. 21, 2012, Gloria Alexander was driving Angel Alexander's 2007 Cobalt automobile when the power steering assist allegedly failed. Gloria lost control of the vehicle and crashed into a wall. The Cobalt, which was manufactured by ESIS/General Motors, LLC (GM), was later subject to a recall due to an ignition switch defect.
On May 20, 2013, Gloria Alexander filed a pro se complaint against GM and JTEKT of North America, Inc. in the Texas District Court for Harris County. Alexander subsequently retained counsel, and on July 14, 2014, she and Angel Alexander filed a second amended petition, alleging that the failure of the power steering assist was related to the ignition switch defect. They asserted claims for strict liability/product liability. The action was one of several against GM relating to the ignition switch defect.
On June 9, 2016, GM filed a motion for summary judgment, asserting that plaintiffs could not produce evidence to support their claims. GM argued that by itself, a recall notice is not sufficient to show evidence of a product defect under Texas law. The defendant further argued that plaintiffs failed to show that the ignition switch recall condition existed in their particular vehicle; that the electric power or ignition switch recall conditions manifested in this accident; or that the recall conditions caused the accident or any alleged injuries. Nor had the Alexanders tapped a single expert witness or provided expert reports to support their allegations.
On Aug. 13, 2016, Judge Robert Schaffer granted the motion for summary judgment, dismissing the case.
According to Law360, this action was intended to be utilized as a bellwether trial in multidistrict litigation over GM ignition switch defects.
Lexis Advance subscribers may view the summary here: Gloria Alexander and Angel Alexander v. ESIS/General Motors, LLC and JTEKT of North America, Inc. (In Re: General Motors Ignition Switch Litigation); 2016 Jury Verdicts LEXIS 6143
For all your jury verdict and settlement needs, please visit the LexisNexis Jury Verdicts and Settlements on Lexis Advance® and LexisNexis® Verdict & Settlement Analyzer.
For more information about LexisNexis products and solutions connect with us through our corporate site.