Man sues GM, dealer after accident left him paralyzed

By Cara Bailey | Nov 12, 2008

CHARLESTON - A Kanawha County man has filed a suit against a local Chevrolet dealer and GM after being paralyzed after he was ejected from a vehicle.

Kenneth Smith filed the suit Sept. 24 in Kanawha Circuit Court against Turnpike Chevrolet and General Motors Corporation.

Smith's wife and children are also named as plaintiffs in the suit.

According to the suit, Smith was a passenger in a 2001 Chevrolet Silverado truck on Oct. 15, 2007. The truck belonged to Kevin Carte, deceased, who was driving.

According to the suit, Smith and Carte were riding in the truck, traveling south on Interstate 79 in Clay County. The truck left the roadway and started to roll, resulting in the roof crushing into the rest of the vehicle.

Smith claims he was using a seat belt at the time. However, during the roll sequence, Smith was ejected from the Silverado and sustained several injuries, which left him a paraplegic, the suit says.

Smith claims the dealer and General Motors owed a duty to all persons to whom the Silverado might cause harm.

Smith claims he has incurred medical and life care expenses, as well as income loss and permanent, total impairment of his earning capacity.

Anita Smith claims she has lost consortium and her husband's household services. The suit also claims the Smiths' children have lost consortium of their father.

The Smiths seek compensatory, punitive and exemplary damages.

Attorney Timothy C. Bailey is representing the Smith family. The case has been assigned to Judge James Stucky.

Kanawha Circuit Court case number 08-C-1849

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