Federal judge allows wrongful-death lawsuit against Kia America to proceed
District Judge Algenon L. Marbley denied in part a motion to dismiss, allowing product-liability and survival claims alongside wrongful death.
A federal judge has cleared the way for a wrongful-death lawsuit against Kia America Inc. to proceed over the fatal 2023 crash of a stolen vehicle that struck and killed a 4-year-old boy. In a final order issued Nov. 3, 2026, District Judge Algenon L. Marbley denied in part Kia America's motion to dismiss, ruling that claims for product liability, wrongful death, and survival may proceed.
The ruling resolves a major threshold challenge in the lawsuit, which was filed in the U.S. District Court for the Southern District of Ohio by the boy's mother, acting as administrator of his estate. In the decision, Judge Marbley rejected Kia's argument that the car thief's criminal flight made the child's death too remote as a matter of law from the automaker's alleged failure to equip the vehicle with industry-standard anti-theft immobilizers. The court determined that criminal flight by a third party did not automatically sever proximate causation under Ohio law at the pleading stage.
The court did, however, grant Kia's request to dismiss common-law claims for absolute and qualified public nuisance, finding those counts abrogated by the Ohio Product Liability Act. The court also dismissed a common-law negligence claim, which the plaintiff conceded.
The civil lawsuit arises from a tragedy on July 22, 2023, in Columbus. According to police reports, a driver fleeing an attempted police traffic stop in a stolen 2015 Kia Soul drove over a curb and into a residential yard, striking and killing the 4-year-old child. The fleeing driver was subsequently prosecuted in state court and was sentenced on Aug. 1, 2024, in Franklin County Court of Common Pleas to 14 to 19.5 years in prison after pleading guilty to involuntary manslaughter, failure to comply with an order of a police officer, and receiving stolen property.
The child's mother filed the federal complaint on July 21, 2025, alleging that the vehicle was defectively designed without an engine immobilizer, rendering it easily stolen. Kia responded by filing a motion to dismiss. On Jan. 6, 2026, a federal magistrate judge ordered that discovery be stayed until the court ruled on the motion to dismiss. Judge Marbley issued an interim order on Sept. 30, 2026, granting in part and denying in part the motion to dismiss and indicating that an expanded opinion would follow. With the final decision now entered, the discovery stay is lifted, and the lawsuit moves forward into formal pretrial proceedings.
The wrongful-death case remains separate from municipal litigation previously pursued by the City of Columbus. On Sept. 28, 2026, Columbus City Council approved a $1,002,117.34 settlement with Kia America and Hyundai Motor America to be deposited into the city's General Fund under Ordinance 2532-2026. That agreement reimbursed municipal expenditures for policing and emergency response associated with widespread car thefts. The city's municipal settlement explicitly did not resolve or replace individual personal injury, wrongful-death, or consumer claims brought by residents.
How we know this
This report is based on primary court records and municipal legislative documents:
- U.S. District Court final order, granting in part and denying in part the motion to dismiss claims for product liability, wrongful death, and survival.
- Franklin County Court of Common Pleas records, public record information for General Division criminal cases.
- Columbus City Council records, approving the municipal settlement with Kia America and Hyundai Motor America.
How we know this
The sources and records behind this story, with the facts they support.
https://www.pacermonitor.com/public/case/59114132/Musa_v_Kia_America,_Inc
Supporting evidence (5)
In a final order issued Nov. 3, 2026, District Judge Algenon L. Marbley denied in part Kia America's motion to dismiss, ruling that claims for product liability, wrongful death, and survival may proceed.
Read supporting passage
FINAL ORDER re21 Interim Order on Motion to Dismiss for Failure to State a Claim. GRANTING in part and DENYING in party5 Defendant Kia America, Inc.s Motion to Dismiss. The Motion is GRANTED with respect to the common-law claims for absolute and qualified public nuisance and negligence; those claims are DISMISSED. The Motion is otherwise DENIED; Plaintiff Luley Musa may proceed on her claims for product liability, wrongful death, and survival. Signed by District Judge Algenon L Marbley on 11/3/2026.
Kia responded by filing a motion to dismiss.
Read supporting passage
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Kia America, Inc.. (Steele, Kenton)
On Jan. 6, 2026, a federal magistrate judge ordered that discovery be stayed until the court ruled on the motion to dismiss.
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ORDER as to ECF5 . Based upon the parties' Report pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, and confirmation that the parties are in agreement, the Court finds that a stay of discovery is warranted. Discovery is STAYED until the Court rules on Defendants Motion to Dismiss for Failure to State a Claim. Signed by Magistrate Judge Elizabeth Preston Deavers on 1/6/2026.
Judge Marbley issued an interim order on Sept. 30, 2026, granting in part and denying in part the motion to dismiss and indicating that an expanded opinion would follow.
Read supporting passage
INTERIM ORDER granting in part and denying in part5 Motion to Dismiss for Failure to State a Claim. An expanded opinion based upon reasoning and citations of authority will be filed within the next thirty days. Signed by District Judge Algenon L Marbley on 9/30/2026.
U.S. District Court final order, granting in part and denying in part the motion to dismiss claims for product liability, wrongful death, and survival.
Read supporting passage
FINAL ORDER re21 Interim Order on Motion to Dismiss for Failure to State a Claim. GRANTING in part and DENYING in party5 Defendant Kia America, Inc.s Motion to Dismiss. The Motion is GRANTED with respect to the common-law claims for absolute and qualified public nuisance and negligence; those claims are DISMISSED. The Motion is otherwise DENIED; Plaintiff Luley Musa may proceed on her claims for product liability, wrongful death, and survival. Signed by District Judge Algenon L Marbley on 11/3/2026.
Columbus City Council · 2026-09-28
Supporting evidence (2)
On Sept. 28, 2026, Columbus City Council approved a $1,002,117.34 settlement with Kia America and Hyundai Motor America to be deposited into the city's General Fund under Ordinance 2532-2026.
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2532-2026 · To approve the settlement in the case of the City of Columbus, Ohio v. Kia America, Inc. and Hyundai Motor America, Case No. 2:23-cv-00654 In Re: Kia Hyundai Vehicle Theft Marketing, Sales Practices, and Products Liability Litigation, Case No. 8:22-ML-3052 (MDL No. 3052) (“the MDL”); to authorize the City Attorney to execute the settlement and release agreement and the addendum applicable to the City; to accept a deposit of $1,002,117.34 to be deposited and appropriated into the general fund; and to declare an emergency. ($0.00)
Columbus City Council records, approving the municipal settlement with Kia America and Hyundai Motor America.
Read supporting passage
2532-2026 · To approve the settlement in the case of the City of Columbus, Ohio v. Kia America, Inc. and Hyundai Motor America, Case No. 2:23-cv-00654 In Re: Kia Hyundai Vehicle Theft Marketing, Sales Practices, and Products Liability Litigation, Case No. 8:22-ML-3052 (MDL No. 3052) (“the MDL”); to authorize the City Attorney to execute the settlement and release agreement and the addendum applicable to the City; to accept a deposit of $1,002,117.34 to be deposited and appropriated into the general fund; and to declare an emergency. ($0.00)
https://fcdcfcjs.co.franklin.oh.us/CaseInformationOnline/
Supporting evidence (1)
Franklin County Court of Common Pleas records, public record information for General Division criminal cases.
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CIO is intended as a convenience to the residents of Franklin County for the purpose of obtaining public record information regarding Criminal and Civil cases filed in the General Division of the Court of Common Pleas