IN THE CIRCUIT COURT OF GILES COUNTY, TENNESSEE

IN THE CIRCUIT COURT OF GILES COUNTY, TENNESSEE TYSON SUMNERS, as Personal * Representative of the ESTATE OF * TIFFANY SUMNERS, DECEASED, and * MARTHA DICKEY, as Next Friend and * Custodian of GRAYSON JUNE DICKEY, * a minor, * * Plaintiffs, * * CASE NO. v. * Jury Demanded * GENERAL MOTORS, LLC., * DELPHI AUTOMOTIVE SYSTEMS, * LLC., DELPHI AUTOMOTIVE, PLC, * DELPHI AUTOMOTIVE, LLC; * AUTOFAIR CHEVROLET, LLC., * Fictitious Defendant A, that person, * corporation, or other legal entity who or * which designed, manufactured, or * supplied the 2005 Chevrolet Cobalt * which is the subject matter of this * lawsuit; Fictitious Defendant B, that * person, corporation or other legal entity * who or which designed, manufactured, * or supplied the component parts for the * manufacturer of the subject 2005 * Chevrolet Cobalt; Fictitious Defendant * C, that person, corporation or other * legal entity who designed, manufactured, * and sold the ignition switch for the 2005 * Chevrolet Cobalt which is the subject * matter of this lawsuit; Fictitious Defendant * D, those persons, corporations, or other * legal entities whose negligence or other * wrongful negligence or other wrongful * conduct combined and concurred to cause * the injuries and damages alleged herein; * Fictitious Defendant E those persons, * corporations, or other legal entities who * sold, marketed, distributed, or supplied * the 2005 Chevrolet Cobalt which is the * subject matter of this lawsuit; all of said * Fictitious Defendants are unknown to *

Plaintiffs at this time but will be * substituted by amendment when * ascertained. * * Defendants. * COMPLAINT FOR DAMAGES Plaintiff, TYSON SUMNERS and MARTHA DICKEY file this Complaint for damages against Defendants GENERAL MOTORS, LLC ( GM ) DELPHI AUTOMOTIVE SYSTEMS, LLC, DELPHI AUTOMOTIVE, PLC, DELPHI AUTOMOTIVE, LLC, ( THE DELPHI DEFENDANTS ) AND AUTOFAIR CHEVROLET, LLC, and show the Court as follows: PARTIES 1. Plaintiff, Tyson Sumners (hereinafter Plaintiff ), is a resident of Giles County, Tennessee; is over the age of nineteen (19) years; is the husband of Tiffany Sumners; and is the duly appointed Personal Representative of the Estate of Tiffany Sumners, Deceased. 2. Plaintiff, Martha Dickey (hereinafter Plaintiff ), is a resident of Giles County, Tennessee, is over the age of nineteen (19) years; is the grandmother of Grayson June Dickey and court-appointed custodian of Grayson June Dickey. 3. Defendant, GENERAL MOTORS, LLC (hereinafter GM ), is believed to be a foreign limited liability company organized in the State of Delaware with its principal address at 300 Renaissance Center MC 482-C14-C66, Detroit, MI 48265-0001. At all times material hereto, it does business by agent in Giles County, Tennessee. Defendant GM is registered with the Secretary of State of Tennessee and authorized to do business in the State of Tennessee. Defendant GM may be served with process by serving its Registered Agent: The Corporation Service Company, 2908 Poston Avenue, Nashville, TN 37203-1312.

4. Defendant, Delphi Automotive Systems, LLC (hereinafter Delphi Automotive Systems ), is a foreign limited liability company, organized and formed under the laws of the State of Delaware. At all times material, Defendant Delphi Automotive Systems did business in Tennessee by designing, manufacturing, testing, marketing, distributing and selling component parts of the vehicle at issue in this case. Defendant Delphi Automotive Systems can be served through its agent for service of process at The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. 5. Defendant, Delphi Automotive PLC, is a foreign corporation based in the United Kingdom. At all times material, Defendant Delphi Automotive PLC did business in Tennessee by designing, manufacturing, testing, marketing, distributing and selling component parts of the vehicle at issue in this case. Defendant Delphi Automotive PLC can be served through the Hague Convention at Courteney Road, Hoath Way, Gillingham, Kent ME8 0RU, United Kingdom. 6. Defendant, Delphi Automotive LLP, is a wholly owned subsidiary of Delphi Automotive PLC based in the United Kingdom. At all times material, Defendant Delphi Automotive LLP did business in Tennessee by designing, manufacturing, testing, marketing, distributing and selling component parts of the vehicle at issue in this case. Defendant Delphi Automotive LLP can be served through the Hague Convention at Courteney Road, Hoath Way, Gillingham, Kent ME8 0RU, United Kingdom. 7. Defendant, AutoFair Chevrolet, LLC (hereinafter AutoFair ), is a domestic limited liability company incorporated under the laws of the State of Tennessee and originally in the State of Delaware. It is qualified to do business in the state of Tennessee. The agent for process is The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street,

Wilmington, Delaware. Defendant AutoFair is engaged in the business of distributing, marketing, and/or selling automobiles in Tennessee, and sold and placed into the stream of commerce the subject vehicle and its component parts, including but not limited to the ignition switch. Specifically, AutoFair conducted the initial vehicle inspection prior to the subject vehicle entering into the stream of commerce. 8. Fictitious Defendant A is that person, corporation or other legal entity who or which designed, manufactured, or supplied the 2005 Chevrolet Cobalt which is the subject matter of this lawsuit. 9. Fictitious Defendant B is that person, corporation or other legal entity who or which designed, manufactured or supplied the component parts for the manufacturer of the subject 2005 Chevrolet Cobalt. 10. Fictitious Defendant C is that person, corporation or other legal entity who designed, manufactured and sold the ignition switch for the 2005 Chevrolet Cobalt which is the subject matter of this lawsuit. 11. Fictitious Defendant D are those persons, corporations or other legal entities whose negligence or other wrongful conduct combined and concurred to cause the injuries and damages alleged herein. 12. Fictitious Defendant E are those persons, corporations or other legal entities who sold, marketed, distributed, or supplied the 2005 Chevrolet Cobalt which is the subject matter of this lawsuit. FACTS 13. Defendant GM designs, manufactures and distributes automobiles worldwide.

14. The Delphi Defendants design, manufacture and distribute automotive component parts worldwide. 15. Defendant AutoFair Chevrolet conducted the initial vehicle inspection in Tennessee prior to placing the vehicle into the stream of commerce and sold the subject vehicle. 16. GM and the Delphi Defendants are manufacturers within the meaning of Tenn. Code Ann. 29-28-102(4). 17. Defendant GM designed, manufactured and distributed the subject automobile, known as a 2005 year model Chevrolet Cobalt. 18. The Delphi Defendants designed, manufactured and distributed the ignition switch, including its internal plungers and detents, for the subject 2005 year model Chevrolet Cobalt. 19. The subject GM Chevrolet Cobalt, and it s ignition switch and component parts, are products within the meaning of Tenn. Code Ann. 29-28-102(5) 20. On or about January 11, 2014, Tiffany Sumners was driving her 2005 Chevrolet Cobalt, VIN 1G1AL54F257535104 South on Crescent View Drive in Pulaski, Tennessee in Giles County, Tennessee, in a reasonable and customary manner. Grayson June Dickey, a minor and Tiffany Sumners niece, was a back seat belted passenger in said vehicle. 21. As Tiffany was driving her 2005 Chevrolet Cobalt on Crescent View Drive, the ignition switch failed resulting in a loss of power to various vehicle systems, including but not limited to power steering, power brakes and airbags. After the subject vehicle lost power, the 2005 Chevrolet Cobalt became uncontrollable and crossed both lanes of travel, exited the left side of the roadway and struck a tree. The vehicle then caught fire.

22. As a consequence of the loss of control and subsequent collision, Tiffany Sumners sustained serious personal injuries and died and Grayson June Dickey suffered serious bodily injuries which required surgery. verbatim. CAUSE OF ACTION PRODUCTS LIABILITY ACTION PURSUANT TO TENN. CODE ANN. 29-28-101 et seq. COUNT I STRICT LIABILITY IN TORT 23. Plaintiffs repeat the allegations contained in paragraphs 1-22 as though set forth 24. On January 11, 2014, GM s product, as defined Tenn. Code Ann. 29-28- 107(5), the Chevrolet Cobalt, was within its anticipated life as defined by Tenn. Code Ann. 29-28-107(1). 25. The Defendants manufactured and distributed products that were in a defective condition as defined by Tenn. Code Ann. 29-28-107(2). 26. The Defendants manufactured and distributed products that were unreasonably dangerous as defined by Tenn. Code Ann. 29-28-107(8). 27. Upon information and belief, Defendants GM and the Delphi Defendants failed to design a safe vehicle with safe component parts including but not limited to failing to equip it with a reasonably safe ignition switch, power brakes, power steering and airbag systems. 28. Upon information and belief, Defendants GM and the Delphi Defendants failed to design the vehicle and its component parts so that the occupants of the car would be safe under normal circumstances.

29. Defendants GM and the Delphi Defendants failed to design the vehicle to be safe in foreseeable auto accidents such as that experienced by Tiffany Sumners and Grayson June Dickey. 30. Defendants have a legal duty to design its vehicle to be crashworthy, and are thus responsible for the extent to which the Chevrolet Cobalt s defects worsened Tiffany Sumners and Grayson June Dickey s injuries. 31. The Defendants are strictly liable for the damages to Plaintiffs as a result of the manufacture and distribution of the subject defective Chevrolet Cobalt. 32. The operation of the ignition switch, power brakes, power steering and airbag systems failed to meet the consumer expectation test as that term is understood under Tennessee law. 33. At all times mentioned herein, the subject Cobalt (and its component parts) was defective and unsafe for its intended purpose and Defendants failed to give warnings and/or instructions as to the use of said product to prevent it from being unreasonably dangerous and unsafe. Said Defendants failed to provide reasonable safety devices to protect occupants during the use of said defective product. Said Defendants failed to recall, retrofit, or did not properly retrofit the Chevrolet Cobalt automobile with an adequate ignition switch, power brakes, power steering and airbag systems, even though the necessity of such modifications was known to Defendants at the time the subject vehicle was manufactured, and such modifications were feasible, economical, and would prevent catastrophic injuries and deaths. COUNT II NEGLIGENCE 34. Plaintiffs repeat the allegations contained in paragraphs 1-33 as though set forth verbatim.

35. Upon information and belief, the Defendants were negligent in the design and inspection of the 2005 Chevrolet Cobalt in that the automobile (including its component parts) is not designed to function properly under normal, foreseeable driving conditions. 36. Defendants negligently designed, tested, inspected, sold, marketed the subject 2005 Chevrolet Cobalt, including its component parts, and failed to include a reasonable and safer alternative design to the subject defective ignition switch. 37. As a direct and proximate result of the Defendants negligence, Tiffany Sumners was fatally injured and died and Grayson June Dickey suffered serious bodily injuries. COUNT III PUNITIVE DAMAGES 38. Plaintiffs repeat the allegations contained in paragraphs 1-37 as though set forth verbatim. 39. Defendants conduct in failing to properly design, test and evaluate the subject 2005 Chevrolet Cobalt, including its ignition switch, failing to include a reasonably safe alternative ignition switch design, and failing to warn of the dangers associated with this vehicle was so reckless as to imply a disregard of social obligations. 40. Defendants actions in marketing and placing into the stream of commerce this defective and unreasonably dangerous vehicle as designed, and by failing to warn of the dangers associated with this vehicle amounted to such willful misconduct or entire want of care as to raise a presumption of conscious indifference to the consequences. COUNT IV COMPENSATORY DAMAGES 41. Plaintiffs repeat the allegations contained in paragraphs 1-40 as though set forth verbatim.

42. Due to the actions of the Defendants enumerated above, Tyson Sumners and Grayson June Dickey, suffered extreme pain and suffering. 43. Due to the actions of the Defendants enumerated above, Tyson Sumners and Grayson June Dickey endured mental suffering, extreme fear, and distress. 44. Due to the actions of the Defendants, Plaintiff Tyson Sumners has incurred expenses for Tiffany Sumners medical treatment and funeral expenses, as well as other incidental expenses and Martha Dickey has incurred expenses for Grayson June Dickey. REQUESTED RELIEF 1. The injuries, death and damages suffered by Tiffany Sumners, through her Wrongful Death Beneficiaries include, but are not limited to the following: the present net cash value of the life expectancy of Tiffany Sumners, pain and suffering, loss of enjoyment of companionship and society of Tiffany Sumners, mental anguish, emotional distress, reasonable funeral and burial expense. The Plaintiffs and Wrongful Death Beneficiaries further seek any other relief to which they are entitled pursuant to applicable law. 2. The Plaintiffs and Wrongful Death Beneficiaries are entitled to punitive damages for the willful, wanton, intentional, reckless and malicious acts of the Defendants. Further, the acts of the Defendants constitute gross negligence. 3. The injuries, death and damages suffered by Grayson Dickey, include but are not limited to the following: medical expenses, pain and suffering, physical injury, disfigurement, mental anguish and emotional distress. Grayson Dickey further seeks any other relief to which he is entitled pursuant to applicable law.

4. Plaintiffs are entitled to punitive damages for the willful, wanton, intentional, reckless and malicious acts of the Defendants. Further, the acts of the Defendants constitute gross negligence. WHEREFORE, Plaintiffs pray for judgment against Defendants as follows: 1. That Plaintiffs be awarded special damages for medical, hospital, and doctors expenses incurred, according to proof; 2. That Plaintiffs be awarded compensatory damages from the Defendants in the amount of 10 Million Dollars ($10,000,000); 3. That Plaintiffs be awarded punitive damages from the Defendants in the amount of 20 Million Dollars ($20,000,000); 4. That Plaintiffs be allowed to further amend the Complaint in the event that there are unknown tortfeasors and/or damages; 5. That Plaintiffs be awarded post-judgment interest as allowed by law; 6. That a jury be empanelled to try the issues when joined; and 7. Such further relief as the Court may deem just and equitable. OF COUNSEL: BART DURHAM INJURY LAW 404 James Robertson Parkway 1712 Parkway Towers Nashville, TN 37219-1586 (615) 242-9000 telephone (615) 254-6562 facsimile Respectfully submitted, BLAIR DURHAM Attorney for Plaintiffs

OF COUNSEL: BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES, P.C. Jere L. Beasley (to be admitted pro hac vice) J. Cole Portis (to be admitted pro hac vice) D. Michael Andrews (to be admitted pro hac vice) Ben E. Baker Post Office Box 4160 Montgomery, Alabama 36103-4160 (334) 269-2343 telephone (334) 954-7555 facsimile jere.beasley@beasleyallen.com cole.portis@beasleyallen.com mike.andrews@beasleyallen.com ben.baker@beasleyallen.com JURY DEMAND Plaintiffs demand a trial by jury on all issues of this cause. OF COUNSEL Please serve the Defendants with the Summons and Complaint in this matter, via certified mail, at the addresses listed below: General Motors, LLC c/o its agent for service of process The Corporation Service Company 2908 Poston Avenue Nashville, TN 37203-1312 Delphi Automotive Systems, LLC c/o its agent for service of process The Corporation Trust Company Corporation Trust Center, 1209 Orange Street Wilmington, DE 19801 Delphi Automotive, PLC (will be served through the Hague Convention) Courteney Road Hoath Way Gillingham, Kent ME8 0RU United Kingdom

Delphi Automotive LLC (will be served through the Hague Convention) Courteney Road Hoath Way Gillingham, Kent ME8 0RU United Kingdom AutoFair Chevrolet, LLC c/o Agent for Service of Process The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801