FACTS & ALLEGATIONS:
Plaintiffs Tam Doe, 47, a self employed property manager, Regina Doe, 37, a warehouse worker, and their son, Tam Doe Jr., 14, were traveling eastbound on I-20 in a 1994 Acura Legend on Oct. 1, 2004, when the tread on the left-rear tire separated.
Tam Doe lost control of the sedan, which rolled over, injuring all three occupants. The Doe’s sued Bridgestone/Firestone North American Tire LLC, Nashville, on a products liability theory, claiming that the company negligently designed and manufactured the Daytona Radial S/R tire bearing DOT number VDUNDNA379.
Plaintiffs’ counsel contended that tire failure caused the accident. It maintained that the tire’s failure began with belt edge separations and that the tread first broke along the serial side rib of the tire as the belt separation progressed.
Plaintiffs’ counsel alleged that nonuniform, narrow lengths of wedge rubber were responsible for the edge separations.
Additionally, plaintiffs’ counsel claimed that the design of the tire was faulty because it did not incorporate a zero-degree nylon cap ply.
John Doe sustained right rib fractures and right transverse process fractures at L1 through L4. Jane Doe sustained a concussion, bilateral rib fractures, right transverse lumbar fractures at L2 through L4 and a right hip fracture. John Doe Jr., escaped with minor abrasions and contusions.
John and Jane Doe underwent conservative treatment, which did not include surgery, and neither had returned to work as of July 2005. The plaintiffs sought an unspecified amount in damages for past medical and lost income specials as well as an unspecified amount for future wage loss and pain and suffering.
RESULT: Firestone settled with the Doe’s for a confidential amount prior to trial.
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.