Toomey Files $10 Million Lawsuit

Alabama Lawsuit  One year after a Satsuma teenager is paralyzed in a car crash his family files a lawsuit.
by Jessica Taloney
Published: Wed, December 03, 2008 - 6:09 pm CST Last Updated: Wed, December 03, 2008 - 6:17 pm CST
One year after a Satsuma teenager was paralyzed in a car crash, his family has filed a $10 million lawsuit.

The suit blames General Motors, Mobile County and the City of Prichard for the accident that seriously injured Joseph Toomey.

Toomey, who was 16 at the time, was driving to pick up his sister from gymnastics when he crashed on Kushla McLeod Road in November 2007. The teen's attorney, Richard Taylor, says an upside sign in the curve of the road contributed to the accident.

Neighbors tell News Five the sign has been broken since Hurricane Katrina, and despite numerous complaints the sign has never been fixed. "I've told them probably 25 times," says Charles Williams who lives on Kushla McLeod Road. "They keep saying they'll fix it."

News Five contacted Mayor Ron Davis' office about the sign Tuesday, and city crews fixed it within hours, but a spokesperson for city denied any fault in the accident. LaToya Veal says Prichard officials offer condolences to the family but believe speed caused the crash.

Toomey's attorneys say the teen was not speeding.

The lawsuit also points a finger at General Motors, the manufacturer who built Toomey's 1999 GMC Jimmy. The suit claims the seatbelt and roof of the vehicle were not designed to withstand a roll over crash.

Taylor says the $10 million price tag on the lawsuit is intended to cover the cost of a life-long care plan for the teenager.

General Motors acknowledged receiving the lawsuit, but a spokesperson for the company tells News Five they are not prepared to comment.

Mobile County Commissioner Steve Nodine also declined to comment, saying the county does not discuss pending litigation.







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Heaven help you if it ever happens to you. If safety meant anything to these companies, lawsuits would not have to be filed.

http://www.peoplesafeinrollovers.org/

I am sure they all ran the formula and discovered the cost of recall or safety improvement was less than the dribbles they have to pay to individual families of the fatally injured, maimed and financially dependent.

GM will keep them in court the rest of there life. Prichard (LOL) what do they have? Kids Slow Down!

This is just another example of a firvolous lawsuit. I don’t see how it could be possible for a car to roll over without some input from the driver.

As far as the sign? At any given time a sign could be stolen, vandalized, etc.  If you have driven the road multiple times you know where to stop, where a curve is, etc.  If you don’t know the road that is when you are supposed to be overly cautious.  I think every teenager should have to take a driving course before getting their license and watch films throughout high school on “kids driving stupid”.  Sometimes kids learn from things like this and sometimes not, but it couldn’t hurt to try.

My opinion, when you go to put a teenager on your insurance, if you do not know how your vehicle rates “crash wise”, most likely the cost of the insurance will let you know. Most people know, the higher off the ground a vehicle is or if it’s top heavy, it is going to be a high roll risk. The smaller the vehicle, the faster a teenager wants to go because they can zip in and out of traffic, etc. They also feel like they can control it more. I had a Toyota Tacoma years ago and it said under the visor “high roll over risk”.  Usually until you do that “roll over”, you don’t really pay any attention to anything like that, but that warning is there for a reason.

I now own a Yaris (cheap on gas. Does that mean if I run off the road and try to correct and I flip over or just go in the ditch and hit a pole and paralyzed that I can sue Toyota because they should have known that would happen if I made the mistake of running off the road? Come on, accept some responsibility here.

He better hope for a reasonable settlement, before the lawyers rack up a lot of bills.  Because GM is in the toilet and the future is not looking very bright for them.

You need to think about it. They flew 23 miles, $7000. And called before they would load my son. I understand it cost them a lot, but my child did not come with a price tag, up your insurance. Yalaha

BFA, we have $5K. It never occured to me that we would need more if we had to use life flight. Makes my back ache just thinking about it.

Bama, there is a paper trail about MANY of their autos in regards to both the seatbelts and rollover crashes being initiated at fairly low speeds. The propensity for those SUVs and small pickups to easily be rolled is well documented. If the car is not safe for a 16 year old to navigate our roads in, it’s not safe for us old folks either.

Car companies need to be held accountable for their fiscal decisions and it’s impact it has on their customer’s safety.

He had $100,000 (best i remember) on passengers but the theory was that a driver would be covered by parents or work insurance.  Yalaha

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