Confidential

Facts

The plaintiffs were riding in a 15 passenger van, going 70 mph, when the left rear tire delaminated causing the van to pull to the left. The driver counter-steered to the right and lost control of the van, which rolled over 3 3/4 times. The defendants were the vehicle manufacturer, tire manufacturer, and service company.

PLAINTIFFS CONTENTIONS:

The plaintiffs contended that the van was defective due to: (1) its short wheel base having two bench seats behind the rear axle, and unequal weight distribution; (2) poor handling, instability, and propensity to roll over due to a high center of gravity that increased as the number of passengers increased; and (3) a weak roof, which collapsed on the trailing edge where both deaths and all serious injuries occurred. The plaintiffs also contended that the tire was improperly designed and/or manufactured without a nylon cap ply and was negligently serviced and inspected. DEFENDANTS CONTENTIONS:
The defendants contended that the plaintiffs' employer negligently maintained the tire, the driver made driving errors, and the victims were not wearing their seat belts. The defendant vehicle manufacturer contended that the van was safe. The defendant tire manufacturer contended that the tire was poorly maintained. The tire had five prior punctures, which had not been properly repaired. The defendant service company contended it never repaired or adjusted the inflation of the left rear tire.

Settlement Discussions

The parties participated in mediation with the Hon. Steven Stone, JAMS, Los Angeles.

Injuries

Two deaths and several serious injuries.

Result

At trial, the vehicle manufacturer and tire manufacturer settled with the plaintiffs for $12 million. The service company was dismissed.