— A Chevrolet Equinox alleged fuel tank fire lawsuit has been dismissed after the 2020 Equinox driver failed to prove her case against General Motors.
In February 2022, plaintiff Kimberly Eichmann was driving the Chevy Equinox in Irving, Texas, when she says the fuel tank caught fire.
According to the lawsuit, the plaintiff realized the Equinox was on fire and she immediately pulled over. The plaintiff contends she "fled for her life, and in doing so, she sustained a tear in her right knee and right arm sprain."
The plaintiff claims her Equinox caught fire because the fuel tank was defective. She also asserts GM knew or should have known the 2020 Chevy Equinox fuel tank was defective and dangerous.
The plaintiff sued for $250,000 to $1,000,000 in damages.
Chevy Equinox Fire Lawsuit Dismissed
General Motors filed a motion for summary judgment arguing there is no evidence as to what caused the fire because the Equinox is no longer in Eichmann’s possession. GM also told the judge the plaintiff does not know whether the vehicle even still exists or where it is.
In addition, GM says the plaintiff cannot make the Equinox available for inspection. And GM argues the only evidence of the Equinox are four photographs that do not show any of the alleged defects or the fuel tank area.
General Motors asserts the lawsuit must be dismissed because there is no evidence of causation, and causation is a necessary element of Eichmann’s claims.
According to GM:
“Proof of causation requires more than conjecture or guess.”
With this, the judge agreed.
"Because the only evidence of the car are four photographs that do not depict the part of the car alleged to have been defective, there is no possible way causation could be shown. Indeed, no one knows where the car is or whether it still exists." — Judge Brantley Starr
According to Judge Starr, Eichmann never presented any evidence of causation and therefore "failed to make a showing to establish a genuine dispute of material fact as to causation. As a result, the Court GRANTS summary judgment in favor of General Motors."
The Chevrolet Equinox fire lawsuit was filed in the U.S. District Court for the Northern District of Texas (Dallas Division): Kimberly Eichmann v. General Motors, LLC.
The plaintiff is represented by the Lidji Firm.
