Arlington family sues air bag maker, Honda and dealership

An Arlington woman and her daughter have sued a Japanese air bag manufacturer, which is already the focus of the biggest auto-related recall in U.S. history, for more than $1 million because an air bag injured the daughter in 2014.

Sherrill Giddens and Courtnie Giddens sued Takata Corp., Honda Motor Co. and Arlington car dealership Vandergriff Honda after a recalled air bag in a 2001 Honda Accord blew up in Courtnie Giddens’ face, causing serious injuries.

Courtnie Giddens had received the Accord for a Christmas present in 2013 after the Arlington High School student got her driver’s license, said family attorney Mark Sudderth of the Noteboom Law Firm in Hurst.

A few months later, a recall notice came in the mail stating that the Accord was one of many older model Hondas that qualified for free repair as a part of a recall involving Takata-made air bags, Sudderth said. The family took the car to Vandergriff Honda’s service shop on May 9, 2014.

When they went back for the car the next day, the Giddens contend Vandergriff’s service manager told them a necessary part had been sent to the wrong dealership and they would have to reschedule the repair appointment. In the meantime, he said, Courtnie Giddens could drive the car and bring it back when the part arrived.

“When Courtnie’s father stated he had a problem with them requiring his daughter to drive an unsafe vehicle, the manager assured him she would be perfectly safe as long as she wore her seat belt, and stated it was unlikely her car was affected anyway,” the suit states.

“Who wants to ride around with a hand grenade in their steering wheel?” Sudderth said.

That night, Courtnie Giddens was driving the Accord when two vehicles collided in front of her. She rear-ended the car immediately in front of her, which caused the Accord’s air bag to deploy, Sudderth said.

“It exploded in her face and caused substantial damage to her nose, a piece of shrapnel was embedded in her chest where she now has a big scar,” Sudderth said.

“What approaches are being taken to ensure drivers affected by the recall have safe, alternative transportation while waiting for their cars to be fixed?”

Millions affected by recall

Thursday marked one year since Takata agreed to a national recall after six deaths were linked to air bags exploding, according to a National Highway Traffic Safety Administration timeline.

Independent investigations found that the ammonium nitrate-based propellent in the air bags degraded over time when exposed to heat and humidity, which could cause the propellent to burn too quickly, rupture inflator modules and send shrapnel shooting out of the air bags and into people, the agency said.

Various models of 2001-2006 Hondas are listed as high priority on the recall list, which includes 14 automakers.

Recall notices had been sent for 28.8 million air bags before the May 4 announcement by the U.S. Transportation Department that another 35 million to 40 million air bags would be recalled.

Only 8,168,860 of the recalled air bags had been repaired as of Thursday night, according to the traffic safety agency. Honda has the best recall completion rate, a NHTSA spokesman told The Associated Press.

At least 10 people have died in the U.S., including a 17-year-old Houston girl after she rear-ended a vehicle while driving a 2002 Honda Civic. The air bags exploded, sending shrapnel into her neck, the AP reported.

More than 100 injuries have been reported in the U.S. alone.

Who is responsible?

Courtnie Giddens has had surgery on her nose, and will require skin grafts in future surgeries, Sudderth said. She declined to be interviewed.

The Giddens’ filed the suit against Takata, Honda and Luke Motor Co.’s Vandergriff Honda dealership on March 13 in Tarrant County’s 141st judicial court. The suit accuses the three parties of gross negligence.

Honda response was filed on on May 13. It denies all the suit’s accusations and demands a jury trial. The company has no control over third-party decisions, including those of the plaintiffs who “may have been negligent in failing and neglecting to exercise that degree of care that would have been used by an ordinary, reasonable and prudent person under the same or similar circumstances....,” Honda’s response says.

Honda spokesman Chris Martin replied to the Star-Telegram in an email: “Since Honda’s confirmation of the rupture of the driver’s Takata airbag inflator in Ms. Giddens’ vehicle, Honda has been in contact with counsel for Ms. Giddens in an effort to resolve her concerns. We remain committed to ensuring that she is fairly and promptly compensated for her injuries.”

Sudderth said Vandergriff Honda has not filed its official response.

The dealership’s Dallas-based attorney, Paul Bezney of Adkerson, Hauder & Brezney, wrote in an email to the Star-Telegram:

“My clients take this matter and the allegations very seriously. This matter is currently being thoroughly investigated through the proper procedures within the litigation process. As such, it is not appropriate for us to comment on pending litigation at this time.”

Takata also has not responded, Sudderth said. Instead they filed a motion that states the lawsuit wasn’t served to them properly. Their Houston-based lawyers with Johnson, Trent, West & Taylor, LLP could not be reached to comment.

An initial trial date of June 12 has been set.

On May 13, Hawaii became the first state to sue Takata, accusing it and the Honda Motor Co. of a coverup.

This story was originally published May 19, 2016 at 8:54 PM with the headline "Arlington family sues air bag maker, Honda and dealership."