PITTSBURGH – A survival and wrongful death lawsuit has been brought against General Motors and a Western Pennsylvania auto dealership, after the plaintiff’s son was burned alive and killed in an accident and subsequent car fire.
Bonnie Winkler (as the administratrix of the estate of Joseph M. Winkler) of Penfield filed suit in the Allegheny County Court of Common Pleas on Nov. 23 versus General Motors, LLC of Wilmington, Del. and Kurt Johnson Auto Sales, of DuBois.
“On Dec. 29, 2019, Joseph Winkler was the driver and operator of the Chevy Cruze, which was an automobile designed, developed, manufactured, tested, assembled, and/or distributed by defendant GM. On that date, the Chevy Cruze was traveling south on SR-255 and traveled off the west side of the roadway,” the suit states.
“The Chevy Cruze continued to travel southwest before overturning and coming to rest, catching fire. A fire erupted and spread to the passenger compartment fully engulfing the Chevy Cruze burning Joseph Winkler alive.”
The suit says the defendant GM knew or should have known that the Chevy Cruze was defective, not crashworthy and not escape-worthy, and knew or should have known that the Chevy Cruze was defective because its crash protection design did not comport with the expectations of an ordinary consumer.
“As a direct and proximate result of the defective condition of the Chevy Cruze, plaintiff’s decedent, Joseph M. Winkler, sustained catastrophic personal injuries, which ultimately resulted in his death,” per the suit.
“As set forth above, defendants’ conduct and defective product design increased the risk of harm to plaintiff’s decedent, Joseph M. Winkler and was a substantial factor in causing the death of Joseph M. Winkler.”
For counts of survival and wrongful death sounding in both negligence and strict liability, the plaintiff is seeking damages in excess of the applicable arbitration limits, plus a trial by jury.
The plaintiff is represented by Jaime D. Jackson of Atlee Hall in Lancaster, and Jason M. Schiffman of the Schiffman Firm, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-011954
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com