Product Liability Lawsuit against Goodyear Tires
Raul Navarrete was killed in a rollover accident six years ago, and his heir is now suing Goodyear Dunlop Tires North America for up to $30 million in damages. The heir claims that the accident was the result of a defective tire.
The complaint states that the 08/23/2003 accident was caused by the defendant's liability, breach of express and implied warranties, failure to warn, failure to recall, negligence, gross negligence, and fraudulent concealment. The plaintiff claims that the tire was a in a defective condition which made it unreasonably dangerous and that the lack of warning added to the tire’s defective condition was an additional factor in the death.
Specifically, the plaintiff says that the tire was defective because of a lack of adequate warnings about the propensity and dangers of tread separation and a lack of adequate warning that tread separation would dramatically alter the handling and stability of the vehicle.
According to the lawsuit, the tire was designed and manufactured without a nylon cap to reduce the degrading heat effect along the belt edge and sold after contaminated from foreign substances. The plaintiff, Esther Chavez, who is suing on behalf of Navarrete’s minor son, believes that defendants are negligent for failing to design and build a tire that would not catastrophically fail, failing to maintain adequate quality controls to ensure the tire met internal design and manufacturing standards, failing to warn that the components of the tire might prematurely fail, and failing to use materials that would maintain adhesive qualities.
The plaintiff argues that defendants are liable for gross negligence and fraudulent concealment because it is believe and conceivable that testing to discover this defect was available, and it is also believe and conceivable that the results of such testing were readily available at the time the tire in question was designed, manufactured, distributed, and/or purchased.
The plaintiff seeks $6 million in damages for emotional pain, torment, and mental anguish of the child, pain and suffering of the deceased, pecuniary loss to the heir, and loss of consortium, as well as up to $24 million in exemplary damages.
According to ABC News, nearly 50 lawsuits have been filed over Goodyear Long Range E tires made between 1991 and 2000 because of their propensity for tread separation. Between 1991 and 2001, there are 87 crashes, 158 injuries, and 18 deaths involving Goodyear tire separation. A Goodyear recall was never issued, and the manufacturer claims that crashes involved under-inflated or misuse of the vehicle.
To be safe, on the road: check tire pressure regularly; rotate tires on schedule; don’t overload tires with too much cargo; look for abnormal wear often; and replace tires on time.
If you’ve been injured in a wreck due to the negligence of another driver or a product manufacturer, call an experienced personal injury attorney as soon as possible. Call 404-531-9700 to schedule a free consultation with an experienced attorney at MLN Law.