UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

MEGAN HANCOCK, )

TRENTON HANCOK, )

LILLY HANCOCK, )

CADRIAN NOE, and )

RAEDAN NOE, all b/n/f )

APRIL HOLLON and TIA MAYNARD; ) 

APRIL HOLLON; and TIA MAYNARD, )

)

Plaintiffs, )

) Case No.: ___________________________

v. )

)

GENERAL MOTORS, LLC d/b/a )

GENERAL MOTORS COMPANY d/b/a )

GENERAL MOTORS. )

)

Defendants. )

COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 

I. Introduction

1. While driving her 2004 Cadillac CTS vehicle in the middle of the afternoon on Saturday, 

September 5, 2015, along State Road 122 in Preble County, Ohio, Megan lost control and veered 

off the road. Her vehicle slammed into an embankment, rolled over at least twice, and finally 

came to a stop, but not before Megan’s body was violently ejected from the vehicle. Megan was 

taken by ambulance to nearby Miami Valley Hospital where she was diagnosed with several 

serious bodily injuries. Megan’s wrist and pelvis were fractured. She suffered from deep 

lacerations along her right leg with permanent scaring. She suffered traumatic brain injury; she

had “significant and debilitating” cognitive deficits and was non-verbal. Megan spent the next 

several months in an extended care facility as a team of medical professionals including 

neurosurgeons and physical therapists tried to provide the best care they could. Unfortunately, 

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Megan’s condition has only nominally improved as she continues to need round the clock care 

given her chronic psychological, behavioral, and cognitive deficits resulting from this crash. The 

severity of Megan’s permanent injuries have forced her children into the care of loved ones as 

she struggles to remember their names, and at times even who they are. 

2. The reason that Megan’s children have been and will forever be deprived of their mother 

goes back to 2004. This was the model year of the vehicle Megan was driving – a 2004 Cadillac 

CTS. The Defendant – General Motors – installed in Megan’s vehicle a faulty ignition switch 

that could cause “accidental ignition shut off.” The result of this defect: “engine power, power 

steering, and power braking may be affected, increasing the risk of a crash.. . .may result in 

airbags not deploying, increasing the potential for occupant injury . . .” Megan lost control of her 

vehicle that Saturday afternoon. Despite slamming into an embankment and rolling over at least 

two times, her airbags never deployed. 

3. General Motors knew of this defect in its product since at least 2006 when its own test 

drivers reported the problem. Rather than inform owners of the vehicles of the defect, General 

Motors secretly ordered different ignition switches for its future vehicles, keeping drivers like 

Megan with the defective ignition switch in the dark about just how dangerous their vehicles 

really were. Throughout the following decade, General Motors continued to encounter problem 

after problem with both the old and “new” ignition switches, deciding to only inform the federal 

government on April 11, 2014. A recall was not issued until July 2, 2014. However, despite 

obtaining title to her Cadillac CTS on March 4, 2015, General Motors did not notify Megan of 

the defect until after the September 5, 2015 crash. 

4. As a result of the Defendant’s negligence in manufacturing Megan’s vehicle and failure 

to warn of the dangerous defect, Megan has suffered permanent and debilitating physical, 

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mental, and emotional injuries, has incurred hundreds of thousands of dollars in medical 

expenses, thousands of dollars in lost income, and severe and extreme emotional distress. 

II. Jurisdiction, Venue, and Cause of Action 

5. This Court has jurisdiction to this action pursuant to 28 U.S.C. § 1332.

6. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b)(2). 

7. Plaintiffs bring this action to redress Defendant General Motors’ negligent manufacturing 

of Megan’s 2004 Cadillac CTS vehicle and negligent failure to warn Megan of the dangerous 

defect in said vehicle, all of which proximately caused Plaintiff damages significantly exceeding 

$75,000.00. 

III. Parties 

8. Plaintiff Megan Hancock is a bona fide resident of the State of Ohio and resides at 5120 

Silver Hart Road, Eaton, Ohio 45320 and has been domiciled at this address for at least six (6) 

months prior to the filing date of this action. 

9. Megan’s next friend, April Hollon, is Megan’s mother and legal co-guardian who is a 

bona fide resident of the State of Ohio and resides at 5120 Silver Heart Road, Eaton, Ohio 45320 

and has been domiciled at this address for at least six (6) months prior to the filing date of this 

action.

10. Megan’s next friend, Tia Maynard, is Megan’s sister and legal co-guardian who is a bona 

fide resident of the State of Ohio and resides at 533 Lockgren Drive, Eaton, Ohio 45320 and has 

been domiciled at this address for at least six (6) months prior to the filing date of this action; Tia 

Maynard is also the legal guardian of three of Megan’s children, Plaintiffs Trenton Hancock, 

Lilly Hancock, and Raedan Noe. 

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11. Plaintiff Trenton Hancock is the minor child of Plaintiff and also resides in and has been 

domiciled in the State of Ohio for at least six (6) months prior to filing this action. 

12. Plaintiff Lilly Hancock is the minor child of Plaintiff and also resides in and has been 

domiciled in the State of Ohio for at least six (6) months prior to filing this action.

13. Plaintiff Cadrian Noe is the minor child of Plaintiff and resides in and has been domiciled 

in the State of Indiana for at least six (6) months prior to filing this action.

14. Plaintiff Raedan Noe is the minor child of Plaintiff and resides in and has been domiciled 

in the State of Ohio for at least six (6) months prior to filing this action.

15. Defendant General Motors is a foreign limited liability company and a citizen of the State 

of Delaware wherein it is incorporated and it is a citizen of the State of Michigan wherein it has 

its principal place of business in Detroit, Michigan; it does business in the State of Ohio as 

General Motors, LLC with a registered agent of Corporation Service Company, 50 West Broad 

Street, Suite 1330, Columbus, Ohio 43215. 

IV. Facts

16. Sometime between March 5, 2003 and May 15, 2004 General Motors manufactured and 

created a 2004 Generation I Cadillac CTS with a vehicle identification number of 

1G6DM577X4016972.

17. General Motors installed in this vehicle an ignition switch manufactured by Delphi 

Packard Electrical, part number 12450257.

18. At some point after installing said ignition switch into said vehicle, General Motors 

became aware of a defect in the ignition switch following “some test driver reports that 

they turned the vehicles off with their knees while driving competitively.” 

19. As a result of learning this information, General Motors installed a different Delphi 

ignition switch – part number 1240257 - in its 2004 – 2006 Cadillac SRX model vehicles. 

20. General Motors abandoned use of the Delphi ignition switches in its Generation II 2007-

2008 Cadillac CTS model vehicles. 

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21. In January of 2010 General Motors issued a work order to change the key opening in its 

Cadillac CTS vehicles from a slot to a hole so as to “prevent accidental ignition shut off 

for customers with heavy key chains.” 

22. In October of 2011, a General Motors employee reported that, while driving a 2012 

Cadillac CTS, contact between his knee and the key fob resulted in an unintentional 

switching off of the ignition. 

23. Despite receiving this report of the on-going defect regarding its Cadillac CTS vehicles, 

General Motors “decided not to seek a change in design unless the company received 

additional complaints about the condition.” 

24. In April of 2012 a General Motors employee driving a 2012 Cadillac CTS experienced a 

stall while driving on two separate occasions. 

25. This employee brought the vehicle to the General Motors Service and Parts Operations at 

the General Motors Center in Warren, Michigan, where he explained to General Motor’s 

“Red X Team” that “the key inadvertently moved out of run when he hit the key with his 

knee.” 

26. The Red X Team recommended a change to the design of the keys for the Cadillac CTS 

vehicles, yet General Motors declined to implement this change. 

27. The Red X Team member who drafted the report recommending the changes “noted on 

the document that she did not believe that the action taken in response to the [report] 

resolved the problem observed.” 

28. On April 3, 2014 General Motors launched an internal investigation into the defective 

ignition switches in its Cadillac CTS vehicles and related vehicles. 

29. On April 11, 2014 Delphi informed the National Highway Safety Administration 

(“NHSTA”) that General Motors had requested that it redesign the ignition switch in its 

2004 – 2006 SRX vehicles “following some test driver reports that they turned the 

vehicles off with their knees while driving competitively.” 

30. In June of 2014 General Motors conducted tests of its pre-2008 Cadillac CTS vehicles at 

its Milford Proving Grounds in Milford, Michigan where it discovered that “when a 

slotted key on a key ring is carrying added weight the torque performance of the ignition 

system may be insufficient to resist energy generated when a vehicle goes off road or 

experiences some other jarring event, potentially resulting in the unintentional movement 

of the key away from the ‘run’ position.” 

31. General Motors also discovered from these tests that “the Cadillac CTS vehicles with 

keys with a hole and a single key ring between key and fob were potentially subject to 

inadvertent key rotation when the driver’s knee came into contact with the vehicle’s key.”

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32. General Motors finally decided to conduct a safety recall of its 2003-2014 Cadillac CTS 

vehicles on June 25, 2014.

33. On July 2, 2014 General Motors wrote a letter to NHSTA stating, “If the key ring is 

carrying added weight and the vehicle goes off road or experiences some other jarring 

event, or if the driver unintentionally bumps the key ring or items attached to the key 

ring with their knee, the key may unintentionally move away from the ‘run’ position. If 

this occurs, engine power, power steering and power braking may be affected, increasing 

the risk of a crash. The timing of the key movement out of the ‘run’ position, relative to 

the activation of the sensing algorithm of the crash event, may result in the airbags not 

deploying, increasing the potential for occupant injury in certain kinds of crashes. 

Customers should remove all items from their key rings, including the key fob, leaving 

only the ignition key. In addition it is very important that drivers adjust their seat and 

steering column to allow clearance between their knee and the ignition key.”

34. Megan bought the aforementioned 2004 Cadillac CTS with vehicle identification number 

of 1G6DM577X4016972 on March 4, 2015 and registered the title of her vehicle with the 

State of Ohio. 

35. General Motors failed to provide notice to Megan of the defective ignition switch within 

Megan’s 2004 Cadillac CTS. 

36. On September 5, 2015 Megan was driving her 2004 Cadillac CTS westbound on State 

Road 122 in Preble County, Ohio when she lost control of her vehicle. 

37. Consequently, Megan’s vehicle veered off the roadway, violently striking an

embankment and rolling over at least two times. 

38. Megan was ejected from her vehicle. 

39. The airbags in Megan’s vehicle never deployed. 

40. Megan was taken by ambulance to Reid Memorial Hospital in Richmond, Indiana and 

then to Miami Valley Hospital in Dayton, Ohio that same day.

41. Megan suffered serious bodily injuries, including fractures of her wrist and pelvis, 

multiple rib fractures, intracranial hemorrhaging, and permanent brain damage. 

42. Megan suffers from permanent scaring along her right wrist as a result of the crash.

43. Megan suffers from permanent scaring along her right leg as a result of the crash. 

44. Megan suffered traumatic brain injury with residual deficits in cognition that are 

significant and debilitating, including impairing in orientation, speech, motor behavior, 

though process, affect, memory, concentration, comprehension, and judgment. 

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45. Megan’s brain injuries are not reversible. 

46. Consequently, Megan is not capable of caring for herself as she requires and will forever 

continue to require round the clock care. 

47. Consequently, Megan’s four minor children – Trenton Hancock, Lilly Hancock, Raedon 

Hancock, and Cadrian Noe - have lost the support, care, and comfort of their mother.

48. Megan has incurred well over $75,000 in medical expenses from her injuries resulting

from Defendant’s negligence, in addition to loss income, future lost income, emotional 

distress, future emotional distress, pain and suffering, future pain and suffering, and the

costs of her continued round the clock care for the rest of her life. 

49. Megan’s children, Trenton, Lilly, Cadrian, and Raedan, have lost the love, support, and 

comfort of their mother as a result of the Defendant’s negligence. 

50. Megan’s mother, Plaintiff April Hollon, has incurred and will continue to incur 

substantial expenses and time spent in caring for and providing for Megan as a result of 

Defendant’s negligence. 

51. Megan’s sister, Tia Maynard, has incurred and will continue to incur substantial expenses 

and time spent in caring for and providing for Megan’s children as a result of 

Defendant’s negligence. 

V. Legal Claims

52. Defendant General Motors negligently manufactured Megan’s 2004 Cadillac CTS 

vehicle by installing a defective ignition switch that was the proximate cause of Megan’s vehicle 

crashing and the proximate cause of her damages, including medical expenses, loss income, 

future lost income, emotional distress, future emotional distress, pain and suffering, future pain 

and suffering, and the costs of her continued round the clock care for the rest of her life, all of 

which exceeds $75,000.00. 

53. Defendant General Motors failed to warn Megan of the defect within her 2004 Cadillac 

CTS vehicle, such failure to warn being the proximate cause of Megan’s vehicle crashing and the 

proximate cause of her damages, including medical expenses, loss income, future lost income, 

emotional distress, future emotional distress, pain and suffering, future pain and suffering, and 

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the costs of her continued round the clock care for the rest of her life, all of which exceeds 

$75,000.00.

54. Defendant’s aforementioned negligent manufacturing of Megan’s 2004 Cadillac CTS 

vehicle was the proximate cause of Plaintiff Trenton Hancock’s damages of the loss of his 

mother’s support, care, and comfort. 

55. Defendant’s aforementioned failure to warn Megan of the defect in her vehicle was the 

proximate cause of Plaintiff Trenton Hancock’s damages of the loss of his mother’s support, 

care, and comfort.

56. Defendant’s aforementioned negligent manufacturing of Megan’s 2004 Cadillac CTS 

vehicle was the proximate cause of Plaintiff Lilly Hancock’s damages of the loss of her mother’s 

support, care, and comfort. 

57. Defendant’s aforementioned failure to warn Megan of the defect in her vehicle was the 

proximate cause of Plaintiff Lilly Hancock’s damages of the loss of her mother’s support, care, 

and comfort.

58. Defendant’s aforementioned negligent manufacturing of Megan’s 2004 Cadillac CTS 

vehicle was the proximate cause of Plaintiff Cadrian Noe’s damages of the loss of his mother’s 

support, care, and comfort. 

59. Defendant’s aforementioned failure to warn Megan of the defect in her vehicle was the 

proximate cause of Plaintiff Cadrian Noe’s damages of the loss of his mother’s support, care, and 

comfort.

60. Defendant’s aforementioned negligent manufacturing of Megan’s 2004 Cadillac CTS 

vehicle was the proximate cause of Plaintiff Raedan Noe’s damages of the loss of his mother’s 

support, care, and comfort. 

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61. Defendant’s aforementioned failure to warn Megan of the defect in her vehicle was the 

proximate cause of Plaintiff Raedan Noe’s damages of the loss of his mother’s support, care, and 

comfort.

62. Defendant’s aforementioned negligent manufacturing of Megan’s 2004 Cadillac CTS 

vehicle was the proximate cause of Plaintiff April Hollon’s damages including the substantial 

expenses and time spent in caring for and providing for Megan as a result of the injuries she 

sustained in this crash. 

63. Defendant’s aforementioned failure to warn Megan of the defect in her vehicle was the 

proximate cause of Plaintiff Raedan Noe’s damages including the substantial expenses and time 

spent in caring for and providing for Megan as a result of the injuries she sustained in this crash.

64. Defendant’s aforementioned negligent manufacturing of Megan’s 2004 Cadillac CTS 

vehicle was the proximate cause of Plaintiff Tia Maynard’s damages including the substantial 

expenses and time spent in caring for and providing for Megan’s children as a result of the 

injuries Megan sustained in this crash. 

65. Defendant’s aforementioned failure to warn Megan of the defect in her vehicle was the 

proximate cause of Plaintiff Tia Maynard’s damages including the substantial expenses and time 

spent in caring for and providing for Megan’s children as a result of the injuries Megan sustained 

in this crash. 

66. Plaintiffs plead res ipsa loquitur. 

VI. Request for Relief

67. Plaintiffs request an award of damages in an amount that will fully and justly compensate 

each and all of them for their injuries, an amount that significantly exceeds $75,000.00 in 

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damages due to serious and permanent bodily injuries, pain and suffering, emotional distress, lost 

wages, and lost earning potential.

68. An award of all other proper relief. 

69. Plaintiffs demand a trial by jury. 

Respectfully submitted,

/s/ I. Marshall Pinkus

PINKUS & PINKUS

7002 Graham Road, Suite 100

Indianapolis, IN 46220

P: (317) 576-3743 F: (317) 576-3745

impinkus@pinkusattorneys.com

/s/ Jane Beach

101 N. Barron Street, Suite 102

Eaton, Ohio 45320

P: (937) 456-1400

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