An Iowa court has found Cooper Tire & Rubber Co. liable for a 2007 defective tire blowout that caused a minivan rollover that killed one and injured others. The jury in the Polk County District Court case decided 7-1 that the malfunctioning tire was flawed from the design and manufacturing stage, and this caused the tire tread separation, which, in turn caused the accident.
Attorneys for Cooper argued that the tire was simply old and worn, and also that the vehicle’s driver, Alfred Lang, was driving too fast and broke so suddenly in reaction to the tire blowout that it exacerbated the problem. The defense attorneys also highlighted the fact that Lang’s driver’s license was only a year old, arguing that he was simply an inexperienced driver.
However, the plaintiffs’ attorney argued the accident was a direct result of a defect in the tire, saying “if this tread separation doesn’t occur, this accident doesn’t happen,” according to a Bloomberg News article. The attorney also presented documents showing Cooper executives discussing rates of tire failure and allegedly failing to fix tire problems for four years.
In the end, the jury awarded:
- $28.4 million to Ivon Toe, 39, who became a quadriplegic because of the accident
- A total of $65,000 for her two children
- $649,000 to the estate of Assata Karlar, 28, who was killed in the accident
- $420,000 to her husband Gaye
- More than $1 million total for their five children
Cooper Tire was also ordered to pay $1.5 million in punitive damages. The company has said it will appeal the case. Cooper is, according to the Bloomberg article, the second-largest tire manufacturer in the United States. The company recently recalled tires for tread separation issues similar to those in this case. Defective and recalled tires can be hazardous to drivers and passengers, and consumers should keep themselves informed about tire recalls and also tire safety.
The product liability lawyers at Pritzker Olsen, P.A. keep information on tire safety, care and maintenance on their web site, as well as other product safety and defective product lawsuit information, for consumers’ reference.
Source:
http://www.bloomberg.com/apps/news?pid=20601103&sid=aMqqH8qA8F2Y
