Kia and several related entities have been named in a product liability and negligence lawsuit filed in the Philadelphia County Court of Common Pleas, after a rear-end collision allegedly caused catastrophic injuries due to a defective passenger seat in a 2022 Kia Sorento.
Plaintiffs Hank and Donna Schmoyer allege that Kia defectively designed and manufactured the front passenger seat, which failed during a collision on April 29, 2023, resulting in Donna Schmoyer’s permanent paralysis. According to the 37-page complaint, the seatback collapsed upon impact, exacerbated by significant trunk intrusion, which allegedly minimized occupant survival space and led to severe spinal injuries.
The suit asserts multiple causes of action against Kia Corp., Kia America, Kia Motors America, Allentown Kia, and the driver and owner of a Chevy Silverado involved in the crash—Adrian Zimmerman and Zimmerman’s employer. Claims include negligence, negligent infliction of emotional distress, loss of consortium, negligent entrustment, vicarious liability, and breaches of express and implied warranties.
Plaintiffs argue that Kia failed to adequately test the vehicle, and that alternative, safer seat designs were both feasible and cost-effective. The complaint also challenges the integration of the seatbelt into the vehicle’s interior rather than directly into the seat, alleging this design further compromised safety. The Plaintiffs seek both compensatory and punitive damages for the injuries and losses sustained. As of the filing date, representatives for the defendants had not issued public statements.
The Plaintiffs are represented by Shanin Specter, James J. Waldenberger, Cheyanne N. Cope and Philip M. Pasquarello of Kline & Specter. The case is Hank Schmoyer et al. v. Kia Corp. et al., case number 250400457, in the County of Philadelphia Court of Common Pleas.
Victims of unsafe products deserve justice. Were you or someone you know injured by an unsafe product? Contact Anzalone & Doyle Trial Lawyers today for a free consultation regarding your potential Products Liability Personal Injury Negligence case.
