His family filed a wrongful death suit on April 13 against Core Riverbend Apartments, Core Realty Holding Management, Inc. and General Motors Corporation.
Their attorney Dan Chamberlain used a basketball to demonstrate what he calls a safety concern at the apartment complex—a sloping parking lot with nothing to prevent a car from rolling into the pond below.
“There’s no warning signs, no barriers, there’s nothing to help people,” said Chamberlain. “There needs guards and warning signs. If you look at this apartment complex, there’s one stair case to get out of the retention pond, and unfortunately my client was not able to get to the stair case.”
The lawsuit says the apartment complex had a duty to protect Anthony from bodily injury or death on its premises.
Anthony’s vehicle, a 2008 Pontiac G6, was also to blame, Chamberlain said.
Call 6 Investigates ran the VIN on the car and found an unfixed recall for a defect that could cause it to roll away even if the shifter is in park.
“The family was not aware of the recall,” said Chamberlain, who bought the car used.
The family is suing General Motors, saying it was aware of the “dangerous and defective product it manufactured.”
"GM and other companies need to do more to make sure people drive safe cars, and this was not a safe car,” Chamberlain said. “If people knew their car would kill them, would they drive the car? No."
The defects can be dangerous and put your life at risk, according to Chris Basso with Carfax.
"These are cars that are in use that you could be behind the wheel of right now or that you could be laying down your hard-earned money on," said Basso.
It’s easy to miss a recall notice in the mail, and you may not get one if you’re the second or third owner of the vehicle.
“The longer those parts go unfixed, it increases the likelihood that the part could fail and injury, crash and even death because of that recall,” said Basso. “The manufacturer wants to make sure the car to make sure it's safe and they want to do it for free."