This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Automobile Accident
Product Liability/Tire

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


#98671

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390