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This case was last updated from PACER on 06/12/2021 at 15:47:32 (UTC).

Hartsfield et al v. Daimler, AG et al

Case Summary

On April 13, 2021, Crystal Hartsfield, David Hartsfield, Cadie Hartsfield and Kevon Hartsfield (collectively “Plaintiffs”), represented by Jeffrey Todd Embry, Margaret Claire Pennell and Matthew Lynn Montgomery of Hossley & Embry LLP filed a personal injury lawsuit against Daimler AG, Mercedes-Benz Vans, LLC and Daimler Vans USA LLC  (collectively,  “Defendants”), seeking personal injury, pecuniary and cost of funeral damages for the alleged death of the Plaintiff due to the crash of the sprinter van. This case was filed in the U.S. District Court for the  Eastern District of Texas with Judge  Rodney Gilstrap presiding.

 

In their complaint, the Plaintiffs alleged that “By 2007-2013, it was well known in the automotive community that frontal collisions are one of the most common types of motor vehicle accidents on United States roadways. Frontal crash testing regimens, both government-led and private-industry driven, were used with passenger vehicles sold in the United States in an effort to ensure adequate protection for occupants. Daimler AG was well aware of the prevalence of frontal collisions and the need to protect occupants in such collisions. In fact, Defendants themselves offer a wide variety of cabinetry and “upfitting” options for the Sprinter work van.”

 

The Plaintiffs further alleged that “Daimler AG was well aware that the subject model van is commonly equipped with work-related cabinetry and cargo in the rear of the van. Moreover, Daimler AG was aware an adequate safety bulkhead wall was necessary to protect an operator of the van during a frontal collision.”

 

The Plaintiffs even further alleged that “Defendant, Daimler AG, was also aware of the importance of preventing excessive intrusion into the occupant cabin during a frontal collision. Daimler AG knew that occupants, like Mr. Hartsfield, would be driving the subject vehicle and would experience frontal collisions in the field. Nevertheless, Daimler AG chose not to engage in the same test regimen or design efforts for the subject vehicle as it had for other passenger vehicles. Thereby, Daimler AG knew that the subject vehicle would not adequately protect occupants in the event of a frontal crash.”

 

The Plaintiffs also alleged that “On May 8, 2019, Kendrick Hartsfield (“Hartsfield”) was traveling northbound in a 2013 Freightliner Sprinter van, VIN # WDYPE7CC0D5745696, on Toll Road 49, near Tyler, Texas. At the same time, Barbara Busch Beagle (“Beagle”) was traveling southbound on Toll Road 49 in a 2006 Toyota Sequoia, VIN # 5TDZT34A06S278485. Beagle’s Sequoia began to hydroplane, rotated counterclockwise, and entered the northbound lane of travel. Hartsfield survived the initial crash without life-threatening injuries but was pinned inside the Sprinter van by the excessive intrusion into the occupant cabin by the Sprinter's front- end structure. Eventually, Mr. Hartsfield succumbed to his burn injuries and died at the scene.”

 

There are five claims for relief laid down by the Plaintiff. The first claim is for Strict liability - alleged design defect. The second claim is for alleged Liability of nonmanufacturing seller pursuant to Texas Civil Practice and Remedies Code Section 82.003- Mbv and Daimler vans. The third claim is for Strict liability- alleged manufacturing defect. The fourth claim is for alleged negligence, and the fifth claim is for alleged gross negligence.

 

In its prayer for relief, the Plaintiffs seek damages for Mr. Hartsfield’s personal injury, conscious pain and suffering, and mental anguish. Plaintiffs also seek damages for the burial and funeral costs associated with Mr. Hartsfield’s death. Plaintiffs further seek all damages available under the Texas Wrongful Death Act, both past and future. Plaintiff further requested the court to award exemplary and actual damages, prejudgment and post-judgment interest along with costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00130

  • Filing Date:

    04/13/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    Texas Eastern District

Judge Details

Presiding Judge

Rodney Gilstrap

 

Party Details

Plaintiffs

David Hartsfield

Crystal Hartsfield

Kevon Hartsfield

Cadie Hartsfield

Defendants

Daimler, AG

Daimler Vans USA LLC

Mercedes-Benz Vans LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Margaret Claire Pennell

Attorney at Hossley & Embry LLP - Tyler

515 South Vine Ave.

Tyler, TX 75702

Jeffrey Todd Embry

Attorney at Hossley & Embry LLP - Tyler

515 South Vine Ave.

Tyler, TX 75702

Matthew Lynn Montgomery

Attorney at Hossley & Embry LLP - Tyler

515 South Vine Ave.

Tyler, TX 75702

Christopher Patrick Peirce

Attorney at Hossley & Embry LLP - Tyler

515 South Vine Ave.

Tyler, TX 75702

Defendant Attorney

David McDonald Prichard

Attorney at Prichard Hawkins & Young - San Antonio

10101 Reunion Place, Suite 600

San Antonio, TX 78216

 

Court Documents

10 #19

Text of Proposed Order

10 #18

Exhibit

10 #17

Exhibit

10 #16

Exhibit

10 #15

Exhibit

10 #14

Exhibit

10 #13

Exhibit

10 #12

Exhibit

10 #11

Exhibit

10 #10

Exhibit

10 #7

Exhibit

10 #6

Exhibit

10 #5

Exhibit

10 #4

Exhibit

10 #3

Exhibit

10 #2

Exhibit

10 #1

Exhibit

#10

(#10) Opposed MOTION Transfer Venue by Daimler Vans USA LLC, Mercedes-Benz Vans LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Text of Proposed Order)(Prichard, David) (Entered: 06/01/2021)

25 More Documents Available
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Docket Entries

  • 06/01/2021
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  • Docket(#10) Opposed MOTION Transfer Venue by Daimler Vans USA LLC, Mercedes-Benz Vans LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Text of Proposed Order)(Prichard, David) (Entered: 06/01/2021)

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  • 05/07/2021
  • DocketIn accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ch, ) (Entered: 05/07/2021)

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  • 05/07/2021
  • DocketIn accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (nkl, ) (Entered: 05/07/2021)

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  • 05/07/2021
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  • Docket(#9) ANSWER to #1 Complaint by Mercedes-Benz Vans LLC.(Prichard, David) (Entered: 05/07/2021)

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  • 05/07/2021
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  • Docket(#8) ANSWER to #1 Complaint by Daimler Vans USA LLC.(Prichard, David) (Entered: 05/07/2021)

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  • 04/28/2021
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  • Docket(#7) ORDER granting #5 Motion Appoint Special Process Server. Signed by District Judge Rodney Gilstrap on 4/28/2021. (nkl, ) (Entered: 04/28/2021)

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  • 04/15/2021
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  • Docket(#6) NOTICE of Attorney Appearance by Christopher Patrick Peirce on behalf of All Plaintiffs (Peirce, Christopher) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#5) MOTION Appoint Special Process Server by Cadie Hartsfield, Crystal Hartsfield, David Hartsfield, Kevon Hartsfield. (Attachments: #1 Text of Proposed Order)(Embry, Jeffrey) (Entered: 04/15/2021)

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  • 04/13/2021
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  • Docket(#4) NOTICE of Attorney Appearance by Matthew Lynn Montgomery on behalf of All Plaintiffs (Montgomery, Matthew) (Entered: 04/13/2021)

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  • 04/13/2021
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  • Docket(#3) NOTICE of Attorney Appearance by Margaret Claire Pennell on behalf of All Plaintiffs (Pennell, Margaret) (Entered: 04/13/2021)

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  • 04/13/2021
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  • Docket(#2) SUMMONS Issued as to Daimler Vans USA LLC, Daimler, AG, Mercedes-Benz Vans LLC. (Attachments: #1 Summons(es) DAIMLER, AG, #2 Summons(es) MERCEDES-BENZ VANS LLC)(nkl, ) (Entered: 04/13/2021)

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  • 04/13/2021
  • DocketIn accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (nkl, ) (Entered: 04/13/2021)

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  • 04/13/2021
  • DocketCase Assigned to District Judge Rodney Gilstrap. (nkl, ) (Entered: 04/13/2021)

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  • 04/13/2021
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  • Docket(#1) COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0540-8353857.), filed by Kevon Hartsfield, Crystal Hartsfield, Cadie Hartsfield, David Hartsfield. (Attachments: #1 Civil Cover Sheet)(Embry, Jeffrey) (Entered: 04/13/2021)

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