Tire tread separated before rollover that paralyzed teen (originally posted on VerdictSearch)
Rollover, Motor Vehicle - Truck, Motor Vehicle - Passenger, Motor Vehicle - Single Vehicle, Products Liability - Tires, Products Liability - Manufacturing Defect
Rollover, Motor Vehicle - Truck, Motor Vehicle - Passenger, Motor Vehicle - Single Vehicle, Products Liability - Tires, Products Liability - Manufacturing Defect
Adam Rocha and Marisela Rocha, each individually and as next friends of Rubi Ann Rocha and Rubi Ann Rocha, individually v. Michelin North America Inc., No. 09-06-11001-DCVAJA
Dimmit County District Court, 365th, TX
Amado Abascal
12-08-2010
Plaintiff(s):
Attorney(s):
Jason P. Hoelscher; Sico, White, Hoelscher & Braugh, L.L.P.; Corpus Christi, TX, for Adam Rocha, Marisela Rocha, Rubi Ann Rocha
Rolando M. Jasso; Knickerbocker, Heredia, Jasso & Stewart, P.C.; Eagle Pass, TX, for Adam Rocha, Marisela Rocha, Rubi Ann Rocha
Brantley W. White; Sico, White, Hoelscher & Braugh, L.L.P.; Corpus Christi, TX, for Adam Rocha, Marisela Rocha, Rubi Ann Rocha
Expert(s):
James Lock; Accident Reconstruction; College Station, TX called by: Jason Hoelscher, Rolando Jasso, Brantley White
Keith Fairchild Ph.D.; Economics; San Antonio, TX called by: Jason Hoelscher, Rolando Jasso, Brantley White
Alex Willingham M.D.; Life Care Planning; San Antonio, TX called by: Jason Hoelscher, Rolando Jasso, Brantley White
Troy Cottles; Tires; Toney, AL called by: Jason Hoelscher, Rolando Jasso, Brantley White
Defendant(s):
Attorney(s):
Chris A. Blackerby; Germer Gertz Beaman & Brown; Austin, TX, for Michelin North America Inc.
Daniel M. Gonzalez; Langley & Banack, Inc.; Carrizo Springs, TX, for Michelin North America Inc.
Thomas M. BullionIII; Germer Gertz Beaman & Brown; Austin, TX, for Michelin North America Inc.
Expert(s):
Ygnacio Garza; Economics; Brownsville, TX called by: Chris Blackerby, Thomas Bullion, Daniel Gonzalez
Joe Grant; Tires; Charlotte, NC called by: Chris Blackerby, Thomas Bullion, Daniel Gonzalez
Irmo Marini Ph.D.; Life Care Planning; Edinburg, TX called by: Chris Blackerby, Thomas Bullion, Daniel Gonzalez
Juan Herrera Ph.D.; Mechanical; El Paso, TX called by: Chris Blackerby, Thomas Bullion, Daniel Gonzalez
Robert Banks M.D.; Biomechanical; San Antonio, TX called by: Chris Blackerby, Thomas Bullion, Daniel Gonzalez
Facts:
On April 25, 2009, plaintiff Rubi Ann Rocha, 17, was a passenger in the right rear seat of a 2001 Ford F-150 driven by her boyfriend's mother. The right rear tire's tread/belt detached suddenly, and the vehicle went out of control, rolling over several times. The tire was a BF Goodrich All-Terrain T/A manufactured in the 24th week of 2004 by Michelin North America Inc. Rubi was paralyzed in the crash.
Rocha's family sued Michelin on Rubi's behalf, for products liability, alleging a manufacturing defect.
Former Michelin tire builders testified that the roof on the company's Tuscaloosa tire-building facility was old, in poor condition and leaked severely during heavy rainfall. Records from the National Climatic Data Center and testimony from a meteorologist indicated that heavy rain fell in and around Tuscaloosa during the 24th week of 2004. Michelin's corporate representative acknowledged that tires contaminated with water are at risk for tread/belt separation because the water vaporizes during vulcanization of the tires, causing trapped air pockets between the steel belts of the tire.
Michelin denied any defect and argued that an unknown person had caused bead damage to the tire, which the defense said caused the separation. In addition, the defense argued that the driver should have kept control of the vehicle.
Injury:
During the rollover sequence, Rubi was ejected. Her injuries resulted in paralysis from the upper chest down. She has no function of her legs and reduced function in her arms and hands. Past medical was $497,906.57. She also sought a life care plan.
For noneconomic damages, she sought $3 million to $6 million for each element in the past and $7 million to $10 million for each element in the future.
She sought a total of about $60 million.
Her mother takes care of her at home, and her father works for an oilfield services company.
Verdict Information:
The jury found Michelin alone negligent and awarded Rubi $41,816,001.31.
Rubi Ann Rocha
$497,907 Personal Injury: Past Medical Cost
$8,318,095 Personal Injury: Future Medical Cost
$5,000,000 Personal Injury: Past Physical Impairment
$3,000,000 Personal Injury: Future Physical Impairment
$5,000,000 Personal Injury: Past Pain And Suffering
$12,000,000 Personal Injury: Future Pain And Suffering
$3,000,000 Personal Injury: Past Disfigurement
$5,000,000 Personal Injury: Future Disfigurement
Editor Comments:
This report is based on information that was provided by plaintiffs' counsel. Defense counsel did not respond to the reporter's phone calls.
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