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Personal Injury
Automobile Accident
Wrongful Death/Negligent Maintenance

Richard Alcala, Angie Alcala v. Vazmar Corp. dba Eartbound Tire Center

Published: Jul. 29, 2006 | Result Date: Mar. 14, 2006 | Filing Date: Jan. 1, 1900 |

Case number: PC034028 Verdict –  Defense

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Rafi A. Ourfalian


Defendant

Christopher James Hammond

Scott Thomas Tropio


Experts

Plaintiff

Michael S. Varat
(technical)

Nachman Brautbar M.D.
(medical)

Harold J. Herzlich
(technical)

Defendant

Paul S. Guthorn
(technical)

Facts

Andrew Alcala, 18, was driving on a rainy afternoon when he lost control of his SUV. He was killed in the resulting collision. Two weeks prior to the accident, the defendant Vazamar Corp., doing business as Earthbound Tire Center had done a tire rotation for the SUV. The plaintiff’s, decedent’s parents Richard and Angie Alcala, sued defendant for negligent maintenance.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiffs claimed that the accident was caused by the poor condition of the rear tires. The tires were badly worn, in some places, to the steel belt. Plaintiffs argued that the tires should have been removed, not rotated to the rear of the vehicle. They also denied receiving notice that the SUV needed new tires, or that the decedent was driving while impaired.

DEFENDANT'S CONTENTIONS:
The defendants argued that they had warned decedent’s mother that two new tires were required. They further argued that the accident was caused by decedent’s speeding on the rainy road, or that decedent was driving under the influence of drugs.

Damages

The plaintiffs lost their teenage son and requested an unspecified amount for loss of society. They also requested $12,000 for funeral and burial expenses.

Result

The jury found the defendants were not negligent.

Deliberation

40 minutes

Poll

12-0

Length

12 days


#118998

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