Winfred Delloro v. Enterprise Rent-A-Car of Los Angeles, Michelin North America Inc., Michelin Americas Research & Development Corporation
Published: Jul. 7, 2007 | Result Date: Aug. 18, 2007 | Filing Date: Jan. 1, 1900 |Case number: BC328314 Verdict – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
David N. Bigelow
(Girardi & Keese)
David R. Lira
(Engstrom, Lipscomb & Lack)
Defendant
James J. Yukevich
(Yukevich Cavanaugh)
Thomas Borncamp
(Yukevich Cavanaugh)
Facts
This case arose out of a single-vehicle rollover accident that occurred on Aug. 23, 2004, involving a Chevy Express Cargo van that plaintiff Winfred Delloro rented from defendant Enterprise Rent-A-Car approximately eight weeks prior to the accident. At the time of the accident, the plaintiff was en route to restaurants and markets in Las Vegas delivering crates of wholesale fruits and vegetables.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the accident was caused by a defective left front tire, which was manufactured by Michelin North America Inc. and designed by Michelin Americas Research & Development Corporation.
DEFENDANTS' CONTENTIONS:
The Michelin defendants claimed that the tire was not defective. Rather, the tire disabled due to the plaintiff's operation of the vehicle in a grossly over-loaded condition.
Injuries
The plaintiff claimed severe brain injury resulting in diminished cognitive function to the level of mild to moderate mental retardation and confabulation.
Result
Defense verdict as to all defendants.
Deliberation
7.5 hours
Length
four weeks
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