Lawsuit Filed after Fatal Accident in 2015
Aaron and Lynetta Hill, have now filed the lawsuit in U.S. District Court Eastern District of Tennessee alleging Kia Motors and its parent group, Hyundai-Kia Automotive, are responsible for what occurred.
They are seeking $35 million in compensatory damages and $60 million in punitive damages.
According to the lawsuit, as a “direct and proximate result of the defendants’ negligence, Aaron Hill and Lynetta Hill sustained serious and permanent bodily injuries and emotional and mental injuries,” and their minor children were fatally injured.
The lawsuit states Kia Motors and Hyundai-Kia Automotive Group “failed to discharge their duty to issue warnings prior to the sale of the vehicle.”
The lawsuit states the defendants were aware the product was defective or unreasonably dangerous before it was sold, and the corporation failed to take reasonable steps to warn potential buyers of the “defective or unreasonably dangerous condition of the vehicle.”
The lawsuit says the 2008 Kia Optima model, like the one driven by Parkes was defective because it had an inadequate fault detection system that could not “anticipate foreseeable unwanted outcomes, including unintended acceleration.”
It also alleges the electronic throttle control system and its components are highly susceptible to malfunction caused by various electronic failures, including faulty circuit boards, short circuits, software glitches and electromagnetic interference from sources outside the vehicle.
The Kia’s speedometer was frozen at 90MPH after the crash.
The lawsuit also says that the car model lacks a brake override system, meaning that the driver is unable to stop or slow the engine during a sudden unintended acceleration incident by stepping on the brakes.
It says the defendants could have easily implemented a brake override system years ago that would have prevented sudden unintended acceleration incidents, regardless of the cause.
Kia stated in its response that Kia Motors of America, based in California, “denies that the subject vehicle suddenly and unexpectedly accelerated out of control and they said that when the subject vehicle was designed, manufactured and sold, it conformed with the state of scientific and technological knowledge available to its manufacturer.”