Chevrolet Equinox catches fire, owner files lawsuit over gas tank

November 30, 2024 — A lawsuit over an alleged Chevrolet Equinox gas tank fire has been dismissed because the driver of the 2020 Equinox failed to prove her claims against General Motors.

In February 2022, plaintiff Kimberly Eichmann was driving her Chevrolet Equinox in Irving, Texas, when she said the gas tank caught fire.

The lawsuit says the plaintiff realized the Equinox was on fire and she immediately pulled over. The plaintiff stated that she “ran away for her life, resulting in a lacerated right knee and a sprained right arm.”

The plaintiff claimed her Equinox caught fire because of a defective fuel tank. She also claims that GM knew or should have known that the 2020 Chevrolet Equinox fuel tank was defective and dangerous.

The plaintiff sued, seeking damages ranging from $250,000 to $1 million.

Chevrolet Equinox fire lawsuit dismissed

GM filed a motion for summary judgment, saying there was no evidence of the cause of the fire because Equinox was no longer owned by Eichmann. GM also told the judge that the plaintiffs did not know if the vehicle still existed or where it was.

Additionally, GM said the plaintiffs were unable to make the Equinox available for inspection. GM argued that the only evidence of the Equinox were four photos that did not show any of the alleged defects or areas of the fuel tank.

GM claimed the lawsuit had to be dismissed because there was no evidence of causation, a necessary element of Eichmann’s claim.

According to General Motors:

“Proof of causation requires more than conjecture or guesswork.”

The judge agreed.

“Since the only evidence of the car is four photographs that do not depict the parts of the car that were allegedly defective, it is impossible to prove causation. In fact, no one knows where the car is or if it still exists” . — Judge Brantley Starr

According to Judge Starr, Eichmann never presented any evidence of causation and therefore “failed to establish that there was a genuine dispute of material fact as to causation. Accordingly, the court granted summary judgment in favor of General Motors.” .

The Chevrolet Equinox fire lawsuit has been 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 Lidji Law Firm.