FACTS & ALLEGATIONS:
On July 17, 2004, plaintiff Blas Payan, 40, a truck driver, was traveling in a 1998 Ford F150-XLT eastbound on a highway in Coahuila, Mexico, with his family and a family friend.
Payan was in the left lane of the highway when the right rear tire failed sending the pickup into a yaw across the two eastbound lanes and onto the shoulder where it rolled over, coming to rest on the roof.
Payan and his wife sued Continental Tire North America Inc., Barnesville, Ga., and Ford Motor Company, Dearborn, Mich., for negligent design, manufacture and marketing. Payan’s counsel claimed the Continental General Ameri 550 AS had the following manufacturing defects: the tire’s inner-liner splice was improperly made and was defective, the rubber between the belt edges had defective fatigue resistance, and the bond between the skim rubber and brass-plated steel cords was defective.
Plaintiffs’ counsel also alleged the F150 was not crashworthy. The roof structure was not strong enough to withstand the weight of the vehicle and it crushed excessively in the rollover.
INJURIES & DAMAGES:
Payan sustained a spinal cord injury at C6-7 resulting in a diagnosis of tetraplegia.
RESULT: The Continental Tire and Ford Motor Company paid a confidential sum to settle Plaintiffs’ claims.
Rob Ammons is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, in addition to being Board Certified in Civil Law by the National Board of Trial Advocacy. Rob Ammons’ law practice, The Ammons Law Firm, is located in Houston, Texas. The Ammons Law Firm practice is exclusively personal injury law, handling such cases as: tire defects, oil rig explosions, truck accidents, plant explosions, refinery accidents, wrongful death, post-collision fires, seat belt defects, airbag defects, SUV rollovers and workplace negligence.