FACTS & ALLEGATIONS
Avila Guel, 21, and her six-year-old son, Zuniga, were passengers in a car that was traveling on a highway in Mexico where the vehicle’s right rear tire – a Uniroyal Excentia GT– suffered a tread separation. The driver lost control of the vehicle, which left the road and rolled over.
Avila Guel, individually and on Zuniga’s behalf, sued the manufacturer of the tire, alleging it was defective and unreasonably dangerous as a result of design and manufacturing defects, including improper bonding of the components during manufacture that resulted in inadequate adhesion between the treads.
Plaintiffs also alleged the tire had a cracked inner liner splice, was manufactured with a defective skim stock, which prevented its internal components from adequately resisting breakdown caused by the escape of inflationary gases into the internal structure, had “rubber reversion zones” on the belt skims resulting from oxidative degradation, which prevented it from managing heat, stress, strain, flexion and oxygen exposure generated between the steel belts and had irregularly spaced belt cables and insufficiently wide belts to support the full road-contacting width of the tread, among other belt problems, which exacerbated the stress, strain and heat generation in the area of the belt ends.
Plaintiffs argued the defendant knew before producing the tire that there was a high probability it would suffer tread separation.
INURIES & DAMAGES
Avila Guel sustained a spinal cord injury, resulting in paraplegia. Guel now uses a wheelchair, requires assistance with many daily living activities, and suffers from neurogenic bowel and bladder as well as depression.
Zuniga suffered a traumatic brain injury with learning disabilities.
RESULT: The case settled during mediation for a confidential amount.
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.