Thanh Quoc Nguyen; Loi Pham; Hien Van Tieu v. Yokohama Tire Corporation; Yokohama Rubber Company, Ltd.
Published: Sep. 12, 1998 | Result Date: Jun. 25, 1998 | Filing Date: Jan. 1, 1900 |Case number: CV944128TJH Verdict – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Joseph Thompson
(technical)
Richard Baumgardner
(technical)
Defendant
Tom Baker
(technical)
Richard L. Fay
(technical)
Facts
On June 24, 1993, at approximately 9 a.m., 18-year-old plaintiff Thanh Quoc Nguyen, was driving a 1990 Toyota Corolla southbound on Interstate-15 near Victorville with the other plaintiffs, 18-year-old Loi Pham and 18-year-old Hiem Van Tieu, and two other passengers. The vehicle was rented from U.S.A. Rent-A-Car and owned by Southwest Leasing. The plaintiffs' trip began the previous night in Salt Lake City, Utah, and the plaintiffs had been driving all night, rotating drivers. As the vehicle approached Boulder Road on Interstate 15, it was driving in the No. 1 lane in excess of the posted 65 mph speed limit. The right rear Yokohama Steel Belted Special 155 SR 13 tire experienced a tread separation. Plaintiff Nguyen steered hard to the right, and then left, and the car began to skid into the dirt median, where it overturned about 2+ times, and came to rest on its roof in the opposing lanes of traffic. The plaintiffs brought this action against Yokohama Tire Corporation and Yokohama Rubber Company Ltd., based on manufacturing and design defect theories. The court granted the defendants' motion for judgment as a matter of law on the plaintiffs' design defect claim at the close of the plaintiffs' case. The trial was bifurcated into liability and damages phases. The plaintiffs also claimed punitive damages.
Settlement Discussions
The plaintiffs made an informal settlement demand for $23 million. Per defendants, they made an offer of $250,000. Per plaintiffs, the defendants offered $100,000 plus an annuity of $2,500 per month for Nguyen (no offers for Pham an Tieu.)
Specials in Evidence
$193,511 (Nguyen); $7,103.17 (Pham); $7,277.24 (Tieu) $2,200,000 (Nguyen) $500,000 (Nguyen)
Injuries
Plaintiff Nguyen sustained opened and closed head injuries, traumatic and irreparable disfigurement of the face, nose and left eye, and developed a severe speech impairment. He also claimed post-traumatic stress disorder, emotional distress and brain injury in the orbitofrontal area. Plaintiff Pham sustained injuries to the facial area, arms, neck and low back. Plaintiff Van Tieu sustained neck and back pains.
Other Information
The verdict was reached approximately four years after the case was filed. A mediation was held before Paul Fritz on Dec. 4, 1997, which did not result in a settlement.
Deliberation
11/2 hours
Poll
6-0
Length
four days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390