Todd Tracy Sues Over Undeployed Recycled Air Bag in Fatal Crash
May 1, 2018—Attorney Todd Tracy is suing a handful of auto facilities, a dealership and LKQ in relation to a fatal vehicle crash.
Tracy was the attorney in the 2017 industry-shifting lawsuit involving John Eagle Collision Center that resulted in a $42 million verdict after a botched repair.
"Despite being properly seated and properly wearing the available seat belt," stated the lawsuit. "Sarah Loughran sustained fatal injuries when the vehicle failed to protect her because the vehicle’s airbag did not work.auto facilities which examined a vehicle, the dealership that sold the vehicle and LKQ for their alleged role in another fatal crash."
Tracy claimed the vehicle did not properly protect Loughran, who was traveling at 46 mph when her 2013 Kia Soul crashed, "because of the acts and/or omissions of one or more of the Defendants."
Defendants involved in the case are Jimmy Sanders, Jr.; Otmane Barre; Complete Auto Group; LKQ Auto Parts of North Texas, L.P.; Lorentz Automotive, Inc.; Classic K Carrollton LLC; and Classic Kia of Carrollton.
Tracy claimed one or more of the defendants involved failed to notice the vehicle's air bag was not working, or had installed an aftermarket replacement air bag part that did not work at the time of the accident.
"It is an imprudent and negligent act for a dealer or service repair facility to place cars on the market or back on the road if the vehicle’s safety systems are not all properly functional. The Defendants either knew this and/or should have known this," the lawsuit stated. "The negligence of one or more of the Defendants was the cause of Sara Loughran’s fatal injuries and Plaintiffs’ damages."
"The negligence of one or more of the Defendants was inherently undiscoverable until an accident occurred," it continued, "and Plaintiffs had no objective knowledge of any actionable conduct until after the accident. The negligence was essentially undetectable, inherently dormant, characterized by prolonged latency, and no immediate injury manifested itself to alert Plaintiffs until after the accident."