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This case was last updated from PACER on 06/19/2021 at 12:11:15 (UTC).

Trudell v. General Motors LLC

Case Summary

On April 20, 2021, Destanie Trudell (“Plaintiff”), represented by Andrew Tremonti of Lewis Brisbois Bisgaard & Smith and Chad Cameron Lucas of Kuhlman & Lucas LLC, filed a personal injury lawsuit against General Motors LLC (“defendant”), seeking damages with pre and post judgement interest for allegedly not providing any airbags for protection in Chevrolet Suburban, subsequently causing permanent and devastating injuries to Plaintiff. This case was filed in the Western District of Missouri with Judge Howard F. Sachs presiding. 

 

In this complaint, the Plaintiff alleged that, “On November 29, 2020 at approximately 7:45 a.m., plaintiff was driving her 2004 Chevrolet Suburban, vehicle identification number 3GNFK16Z04G229187 (“the Suburban”), eastbound on KS-68 Highway in Miami County, Kansas when the Suburban left the roadway to the right, re-entered the roadway, rolled and came to rest.” 

 

Also, according to the Plaintiff, “At all relevant times herein, plaintiff was properly wearing her available seat belt. The Suburban was not equipped with rollover activated roof rail airbags, leaving Destanie without the protection of any airbags in the rollover. As a direct and proximate result of the acts and/or omissions of defendant GM and/or the defects in the Suburban described herein, plaintiff suffered devastating, permanent injuries, including, but not limited to, quadriplegia.”

 

The Plaintiff further alleged that, “As a direct and proximate result of the acts and/or omissions of defendant GM and/or the defects in the Suburban described herein, plaintiff has incurred, and will in the future incur, substantial medical expenses far in excess of $75,000.00 to obtain the necessary care and treatment for her injuries, including, but not limited to, emergency care and transportation, medical procedures, rehabilitation, therapy, supervision and medication.” 

 

Furthermore, “As a direct and proximate result of the acts and/or omissions of defendant GM and/or the defects in the Suburban described herein, plaintiff Destanie Trudell has also suffered scarring, disfigurement, pain, suffering, emotional distress, mental anguish, loss of enjoyment of life and a loss of future earning capacity and wages, the value of which far exceeds $75,000.00.”

 

There are two claims for relief laid down by the plaintiff. The first claim is for Strict Liability against Defendant GM wherein the Plaintiff claims that Defendant GM and its predecessor entities for which it is responsible and for which it has agreed to assume product liability claims allegedly designed, tested, manufactured, marketed, distributed and/or sold the Suburban in the ordinary course of business. The second claim is for alleged Negligence on part of Defendant because it failed to equip the Suburban with rollover activated roof rail airbags in order to reduce expenses and increase corporate profits despite full knowledge of the important safety benefits they provided to vehicle occupants in rollovers, failed to equip the Suburban with rollover activated roof rail airbags to protect the neck and/or head when it was both economically and technologically feasible for GM to do so, failing to equip the Suburban with rollover activated roof rail airbags despite knowledge of the Suburban’s high rollover risk and lack of stability. 

 

In her prayer for relief the Plaintiff has requested the court to enter judgment against defendant General Motors LLC on Count II of this Complaint, award a fair and reasonable amount to adequately compensate plaintiff for all damages, including prejudgment interest, interest on the judgment, the costs of this action, as well as such other and further relief as the Court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-00263

  • Filing Date:

    04/20/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    Missouri Western District

Judge Details

Presiding Judge

Howard F. Sachs

 

Party Details

Plaintiff

Destanie Trudell

Defendant

General Motors LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Andrew Tremonti

Attorney at Kuhlman & Lucas LLC

4600 Madison Avenue, Suite 700

Kansas City, MO 64112

Chad Cameron Lucas

Attorney at Kuhlman & Lucas LLC

4700 Belleview Avenue, Suite 300

Kansas City, MO 64112

Defendant Attorneys

Beth C. Boggs

Attorney at Boggs, Avellino, Lach & Boggs, LLC

9326 Olive Boulevard, Suite 200

St. Louis, MO 63132

Michael P. Cooney

Attorney at Dykema Gossett PLLC - Detroit

400 Renaissance Center

Detroit, MI 48243

Brian T. Smith

Attorney at Dykema Gossett PLLC - Bloomfield Hills

39577 Woodward Avenue, Suite 300

Bloomfield Hills, MI 48304

Bryce Andrell Rucker

Attorney at Dykema Gossett PLLC

400 Renaissance Center, Ste 37Th Floor

Detroit, MI 48243

 

Court Documents

#10

(#10) Motion to allow Bryce A. Rucker to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7427963) filed by Beth C. Boggs on behalf of General Motors LLC. (Boggs, Beth) (Entered: 05/24/2021)

#9

(#9) Motion to allow Brian T. Smith to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7427924) filed by Beth C. Boggs on behalf of General Motors LLC. (Boggs, Beth) (Entered: 05/24/2021)

#8

(#8) ORDER entered by Judge Howard F. Sachs. Proposed scheduling order due by 7/8/2021. Signed on 5/24/2021 by District Judge Howard F. Sachs. (Murphy-Carr, Shauna) (Entered: 05/24/2021)

#7

(#7) Motion to allow Michael P. Cooney to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7427888) filed by Beth C. Boggs on behalf of General Motors LLC. (Boggs, Beth) (Entered: 05/24/2021)

#6

(#6) DISCLOSURE OF CORPORATE INTERESTS filed by Beth C. Boggs on behalf of Defendant General Motors LLC.(Boggs, Beth) (Entered: 05/24/2021)

#5

(#5) ANSWER to #1 Complaint, with Jury Demand on behalf of General Motors LLC.(Boggs, Beth) (Entered: 05/24/2021)

#4

(#4) NOTICE of appearance by Beth C. Boggs on behalf of General Motors LLC (Attorney Beth C. Boggs added to party General Motors LLC(pty:dft))(Boggs, Beth) (Entered: 05/24/2021)

#3

(#3) RETURN OF SERVICE of complaint executed by Destanie Trudell. General Motors LLC served on 4/26/2021, answer due 5/17/2021. (Lucas, Chad) (Entered: 04/26/2021)

2 #1

MAP General Order

#2

(#2) NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) (Entered: 04/20/2021)

1 #1

Civil Cover Sheet Civil Cover Sheet

#1

(#1) COMPLAINT against All Defendants filed by Chad Cameron Lucas on behalf of All Plaintiffs. Filing fee $402, receipt number AMOWDC-7384587. Service due by 7/19/2021 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Lucas, Chad) (Entered: 04/20/2021)

 

Docket Entries

  • 05/26/2021
  • DocketNOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) (Entered: 05/26/2021)

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  • 05/24/2021
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  • Docket(#11) ORDER granting #7 , #9 , and #10 motion to appear pro hac vice entered by Clerk of Court. Attorney Michael P. Cooney, Brian T. Smith, and Bryce A. Rucker for General Motors LLC allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa) (Entered: 05/24/2021)

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  • 05/24/2021
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  • Docket(#10) Motion to allow Bryce A. Rucker to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7427963) filed by Beth C. Boggs on behalf of General Motors LLC. (Boggs, Beth) (Entered: 05/24/2021)

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  • 05/24/2021
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  • Docket(#9) Motion to allow Brian T. Smith to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7427924) filed by Beth C. Boggs on behalf of General Motors LLC. (Boggs, Beth) (Entered: 05/24/2021)

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  • 05/24/2021
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  • Docket(#8) ORDER entered by Judge Howard F. Sachs. Proposed scheduling order due by 7/8/2021. Signed on 5/24/2021 by District Judge Howard F. Sachs. (Murphy-Carr, Shauna) (Entered: 05/24/2021)

    Read MoreRead Less
  • 05/24/2021
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  • Docket(#7) Motion to allow Michael P. Cooney to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7427888) filed by Beth C. Boggs on behalf of General Motors LLC. (Boggs, Beth) (Entered: 05/24/2021)

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  • 05/24/2021
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  • Docket(#6) DISCLOSURE OF CORPORATE INTERESTS filed by Beth C. Boggs on behalf of Defendant General Motors LLC.(Boggs, Beth) (Entered: 05/24/2021)

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  • 05/24/2021
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  • Docket(#5) ANSWER to #1 Complaint, with Jury Demand on behalf of General Motors LLC.(Boggs, Beth) (Entered: 05/24/2021)

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  • 05/24/2021
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  • Docket(#4) NOTICE of appearance by Beth C. Boggs on behalf of General Motors LLC (Attorney Beth C. Boggs added to party General Motors LLC(pty:dft))(Boggs, Beth) (Entered: 05/24/2021)

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  • 04/26/2021
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  • Docket(#3) RETURN OF SERVICE of complaint executed by Destanie Trudell. General Motors LLC served on 4/26/2021, answer due 5/17/2021. (Lucas, Chad) (Entered: 04/26/2021)

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  • 04/20/2021
  • DocketSUMMONS ISSUED as to General Motors LLC. (Woods, Gloria) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#2) NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) (Entered: 04/20/2021)

    Read MoreRead Less
  • 04/20/2021
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  • Docket(#1) COMPLAINT against All Defendants filed by Chad Cameron Lucas on behalf of All Plaintiffs. Filing fee $402, receipt number AMOWDC-7384587. Service due by 7/19/2021 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Lucas, Chad) (Entered: 04/20/2021)

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