West Virginia Record

Monday, February 24, 2020

Estate of man who died in Route 3 collision sues General Motors over airbag failure

State Court

By Marian Johns | Nov 18, 2019

General court 10

BECKLEY – General Motors is facing a lawsuit filed by the estate of a man who died from injuries sustained in an auto accident over allegations the manufacturer was negligent when it made the vehicle's airbags.

Dakota Paynter, executor of the estate of Benjamin Paynter, filed a complaint in Raleigh Circuit Court against General Motors LLC alleging negligence, breach of warranties, strict liability and post-sale failure to warn. 

Benjamin Paynter was killed on Sept. 11, 2017, after his Chevy Trail Blazer was struck by a vehicle that crossed the center line on Route 3 in Raleigh County, according to the suit. The plaintiff alleges that Paynter's death was the result of his vehicle's airbags failing to deploy and alleges GM was negligent in its manufacture of the airbags. 

The plaintiff seeks actual damages, a trial by jury, punitive damages against GM and other just relief. He is represented by Christopher Davis of Wooton, Davis, Hussell & Ellis Law Firm PLLC in Beckley. 

The case has been assigned to Circuit Judge Darl W. Poling.

Raleigh County Circuit Court case number 19-C-383-P

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