The family of a San Antonio man who died days after buying a used Ford Mustang has sued the Northwest Side dealership that sold it to him, alleging an exhaust defect caused the fatal carbon monoxide poisoning.
The lawsuit alleges A Motors Sales & Finance LLC failed to identify or disclose a defective exhaust system that allowed lethal levels of carbon monoxide to enter the vehicle’s cabin, killing 20-year-old Jesus Marines and seriously injuring his girlfriend, Maria Fernanda Ortiz.
The suit was filed by his father, Gonzalo Marines, individually and on behalf of his son’s estate; his mother, Maria del Rosario Vasquez; and Ortiz. The complaint seeks more than $1 million in damages.
A Motors Sales representative declined to comment on the lawsuit.
Jesus Marines bought the 2020 Mustang on Jan. 17 from A Motors Sales’ location at Northwest Loop 1604 and Braun Road for about $36,000, according to the lawsuit.
“They were all excited,” he said.
Nine days later, around 8:30 p.m., he and Ortiz drove to Comanche Lookout Park. With temperatures in the mid-20s, they sat in the idling car and were overcome by carbon monoxide.
A San Antonio police officer found the pair unconscious about 1 a.m. Jan. 27. The lawsuit says investigators detected carbon monoxide levels inside the vehicle that exceeded the maximum reading on their testing equipment.
Marines died, while Ortiz survived after being hospitalized, according to the complaint.
Ortiz regained consciousness two days later at Brooke Army Medical Center, where she underwent hyperbaric oxygen treatment, the complaint adds.
Marines was attending St. Philip’s College and working for a landscaping company while saving to buy his first car, Gonzalez said. Marines and Ortiz were celebrating their nine-month anniversary the night they went to the park.
St. Philip’s posthumously awarded Marines an associate degree in applied science.
Gonzalez said experts hired by the plaintiffs found the Mustang was missing its catalytic converter, which he contends allowed carbon monoxide to enter the cabin.
Gonzalez said the Mustang’s previous owner denied modifying the vehicle.
The lawsuit accuses A Motors Sales of negligence, fraud and violations of the Texas Deceptive Trade Practices Act. Marines’ parents seek wrongful-death damages while Ortiz is seeking damages for medical expenses, lost earning capacity and physical impairments.