Cited: ABC News

Old TiresThe family of an 11-year-old boy killed in a vehicle crash that was caused by an aged tire was awarded $18 million by a California jury.  A Southern California tire chain store, American Tire Depot, put a tire on the Ford Explorer involved in the accident and was found negligent for doing so because the tire old.

In May of 2006, 11-year-old Willie Moreno was killed when his family’s Explorer rolled over on a highway in Riverside, California. The left rear tire had experienced a catastrophic tread separation, and it was later found that the Firestone tire was 12 years old at the time of the accident.

Attorneys for the Moreno family alleged that ATD was responsible for rotating the 12-year-old spare tire onto the Explorer when the vehicle was brought in for replacement tires. They said that the family went to ATD to replace its two rear tires, and that ATD sold them one tire and told them to rotate the spare in.

As reported by ABC News, aged tires can present a hidden danger even if their treads are unworn and they haven’t been driven a mile. According to consumer and industry sources, as tires age the rubber can deteriorate and become brittle, leading to a possible tread separation. Automobile and tire companies have issued bulletins recommending “shelf lives” for tires ranging from six to 10 years.

During the trial, the jury was presented with evidence showing that both Ford and Firestone have issued bulletins on aged tires. In 2005, Bridgestone Firestone sent out a technical bulletin to its dealers that said, “It is recommended that all tires (including spare tires) that were manufactured more than ten (10) years previous be replaced with new tires.” Also in 2005, Ford Motor Co. issued an advisory about aged tires, stating, “Tires degrade over time, even when they are not being used.” Ford recommended replacing tires “after 6 years of normal service.”

“This tragedy could have been easily prevented,” said Roger Braugh, one of the attorneys representing the Moreno family. “The facts of this case showed very clearly that American Tire Depot did not offer even a minimum of professional attention to tire safety.”

William Delhagen, the defense attorney for American Tire Depot, said he was “disappointed” by the decision, and that ATD had presented evidence showing the company was not responsible for installing the tire in question on the Explorer. According to Delhagen, the jury “allowed sympathy to overwhelm a careful evaluation” of the case.

Currently there are no federal standards setting an “expiration” date for tires. Tire industry trade groups have come out strongly against such a measure, arguing that factors such as excessive use, and poor maintenance and storage are more important in determining whether or not a tire will fail.

A bill was passed last year by the California assembly that requires tire dealers to disclose the age of a tire in writing to consumers prior to sale or installation of the tire and it was supported by the regional family.  However, that bill was withdrawn before to be voted on by the state Senate by its sponsors because of strong industry opposition.

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My Take: There must have been evidence that proved that one of the tires put on the rear of that SUV was done so by ATD.  Otherwise, they wouldn’t be paying $18 million.  One thing is for sure, they must have had a good wrongful death lawyer and he is going to get pretty good fee for such a good job.  At least they didn’t need a Houston construction accident lawyer.

I feel for the family and their loss.  It is always a tragedy when a child dies.  Many parents cannot take the strain and end up divorcing.  That means they look for divorce attorney.  Some parents may even look for a divorce mediator who might be able to resolve the situation.

I do not know how LA court reporters can sit in the courtroom and listen to the evidence presented in cases like this.  If I were a Los Angeles court reporter I would have to learn how to control my emotions.  Otherwise, I would be sitting there crying during the whole trial.

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