MARTINSBURG – A federal judge has granted a motion to dismiss in a lawsuit filed against General Motors for injuries sustained in an accident where a woman alleged her vehicle had a faulty steering mechanism.
U.S. District Judge Gina M. Groh entered the order granting the defendant’s motion to dismiss on Aug. 18.
“Upon review, the court finds that, based upon the facts alleged in the complaint, it cannot exercise personal jurisdiction over the defendant in this case,” the order states.
The facts contained within the complaint are insufficient to establish either general or specific jurisdiction, the motion states. There is no indication that the defendant’s business activities are so continuous and systematic that it may be considered at home in West Virginia.
“The plaintiff does not provide any information regarding how many offices, dealerships or warehouses the defendant has in West Virginia, the number of workers the defendant employs in this state or how much revenue the defendant generates here,” Groh wrote.
It is unclear in what state the plaintiff was injured, as the plaintiff does not specify in her complaint whether she was in Virginia or West Virginia at the time of the alleged defect, according to the suit.
The court granted General Motors’ motion to dismiss pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure.
Stephanie Javage claimed the vehicle contained a faulty steering mechanism that prevented her from properly steering and the vehicle’s front airbag deployed in a crash where no passenger was present and violently struck her right arm..
Javage claimed the front passenger airbag should not have deployed because there was no front seat passenger in her vehicle.
Javage filed her lawsuit June 15 in the U.S. District Court for the Northern District of West Virginia.
Javage was represented by Steven Brett Offutt of the Law Office of Brett Offutt.
General Motors was represented by Philip J. Combs, Sherrie A. Armstrong and Aaron N. Arthur of Thomas Combs & Spann; and Christopher C. Spencer of Latosha M. Ellis of Spencer Shuford.
U.S. District Court for the Northern District of West Virginia case number: 3:17-cv-00082