Wagner vs. Pilkington to Go to Trial
A suit filed against Pilkington North America, General Motors Corp. and Rhodes Chevrolet has been revived by the Supreme Court of Arkansas at the appeal of the plaintiff. The Supreme Court of Arkansas determined that a trial will now be held in the case, which was dismissed in January 2006 when Pilkington's motion for summary judgment was granted. The suit was filed by Lisa Wagner, the mother of Stephanie Wagner, who was killed in an automobile accident on April 11, 2001.
The driver, Stephanie Wagner, allegedly was ejected from the vehicle through the driver's sidelite, which was shattered. Her mother's complaint alleges that "Pilkington negligently designed, manufactured and distributed the glass used in the side windows of the 2007 Blazer because the glass did not minimize the possibility of the driver being ejected from the vehicle in the rollover accident."
In January 2006, Pilkington filed a motion for summary judgment, arguing that it had no design responsibilities for the glass, did not recommend the materials used in the glass and manufactured the glass according to the specifications of GM. According to court documents, Pilkington further claimed that the glass was free from manufacturing defects and claims that Wagner failed to prove proximate cause in her daughter's death.
The motion for summary judgment was granted, but Wagner is now appealing this, saying that the court "erroneously granted Pilkington's motion for summary judgment." According to the court documents, the investigating officer at the scene of the accident says Wagner was not wearing a seatbelt and was driving without a license and without adult supervision.
Officials from Pilkington North could not be reached for comment. To review the official court document filed in the appeal, click here.
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