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
Defendant
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
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