A shocking incident involving a Subaru vehicle has led to a lawsuit that could have far-reaching implications for both the automotive industry and consumer safety. Cathy Burch filed a complaint against Subaru of America, Inc. and Bert Smith Oldsmobile, Inc. d/b/a Bert Smith Subaru in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida on August 6, 2024.
The case centers around an accident that occurred on March 22, 2023, when Cathy Burch was driving her newly purchased Subaru Solterra. According to the complaint, while operating the vehicle in accordance with the manufacturer’s instructions, the front driver’s side tire suddenly detached from the car, causing it to crash violently and resulting in significant injuries to Burch. The plaintiff alleges that both defendants were negligent in designing, manufacturing, and selling a defective vehicle. The lawsuit also claims that there were prior recall notices issued for this model due to similar issues but that these problems were not adequately resolved before the vehicle was sold.
Burch's complaint outlines several key accusations against Subaru of America and Bert Smith Subaru. She asserts that they negligently designed and manufactured the Subaru Solterra such that it posed an unreasonable risk to consumers. Specifically, she points out that "Defendants knew or should have known" about the defect given prior recall notices issued on June 23, 2022, and February 9, 2023. Furthermore, she claims that despite these recalls and attempts to resolve the issue before placing the vehicle into commerce, they failed to properly address it.
The plaintiff is seeking damages exceeding $50,000 for bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for enjoyment of life, medical expenses, loss of earnings and earning capacity among other losses. These injuries are described as either permanent or continuing with some having a reasonable degree of medical probability of being permanent.
Represented by attorney Jeffrey P. Diamond from Burnetti P.A., Cathy Burch demands judgment against both defendants for damages along with costs and interest as deemed just by the court. She also requests a trial by jury on all issues presented in her complaint.
This case will be presided over by judges from the Circuit Court of Pinellas County under Case Number: 24-003464-CI.