Verdicts & Decisions

CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.

Jury Clears General Motors in Texas Roof-Crush Lawsuit

SAN ANTONIO, TX - On December 7, 2004,  a Texas jury agreed that the roof of General Motors’s 2003 Tahoe was not defective and was not the cause of Plaintiff Alan Kohutek’s injuries.  At trial, Kohutek argued the Tahoe’s roof and seat belts don't protect occupants during a rollover.

The lawsuit stemmed from a June 2003 single-vehicle crash when Kohutek’s Tahoe flipped over after he swerved to avoid an object that fell from a trailer in front of him.   The 34-year-old man was left quadriplegic.

Attorneys for General Motors demonstrated to the jury that the roof on the Tahoe was one of the strongest on the road and exceeds industry safety standards for roof strength.

Kohutek's attorneys said they haven't decided whether to appeal. Kohutek was seeking $30-50 million, including about $5 million for past and future medical and care as well as punitive damages.

The lawsuit is Kohutek v. Halbardier, No. 2003-CI-10415 in District Court, Bexar County, Texas

Attorneys for defense:  Thomas M. Klein and Fred Fresard of Bowman and Brooke LLP’s Phoenix and Detroit offices, and Rick Reyna of Brock, Person in San Antonio.

Attorneys for plaintiff:  Mikal Watts of The Watts Firm, Corpus Christi.

Experts for defense: Bob Rucoba; Garry Bahling; Charles Hatsell, M.D., and Steve Cassatta and Tony Atonucci from GM.

Experts for plaintiff: Steve Irwin, Steve Forrest, Joe Burton, M.D.

CONTACT:  Amanda Walsh, Marketing Manager, 612.672.3248, amanda.walsh@bowmanandbrooke.com.