Goodyear Tire Lawsuit Filed Over Fatal Accident Caused by Tread Separation
Published: August 24th, 2009 • Comments: 3
A product liability lawsuit has been filed against Goodyear, claiming that defective tires were responsible for a fatal auto accident, where the tire tread separated.
The Goodyear tire lawsuit was filed on August 17 in the Beaumont Division of the Eastern District of Texas by Esther Chavez, on behalf of the son of Raul Esquivel Navarrete, who was killed in the August 23, 2003 crash.
The complaint names Goodyear Dunlop Tires North America and Dunlop Ltd. as defendants and charges them with liability for breach of express and implied warranties, failure to warn, failure to issue a tire recall, negligence, gross negligence and fraudulent concealment, according to the Southeast Texas Record.
According to the tire tread separation lawsuit, the Goodyear tire on Navarrete’s vehicle failed, killing Navarrete and injuring five other passengers. The complaint alleges that the tire lacked a nylon cap that would have reduced the effect of heat along the belt edge. The claim also accuses the company of failing to warn consumers about the potential risk of Goodyear tire failures caused by tread separation and the loss of vehicle control that it could cause.
A number of similar lawsuits over Goodyear tire problems have been filed in recent years over crashes involving tread separation. In April, the Mississippi Court of Appeals upheld a $2.1 million verdict against Goodyear and Big 10 Tire Co., in which a jury found that a failed and defective Goodyear tire led to a 2000 accident that killed the driver and injured two passengers.
According to an ABC News report, nearly 50 lawsuits have been filed over Goodyear Long Range “E” tires made between 1991 and 2000, which are used on sport utility vehicles, pickups and vans. Although Goodyear claims that they are “quality tires,” the plaintiffs claim that the tires are defective and have a propensity for tread separation.
There were reportedly 15,000 incidents involving tire separation with Goodyear Long Range “E” tires between 1991 and 2001. These incidents resulted in 87 crashes, 158 injuries and 18 deaths, according to ABC News. However, a Goodyear tire recall has not been issued, as the tire maker maintains that the crashes they investigated involved either overloaded vehicles, under-inflated tires or misuse of the vehicle.
Chavez’s Goodyear lawsuit seeks $6 million for mental anguish, emotional pain and torment of a child, loss of consortium and other losses. The lawsuit also seeks exemplary damages of $24 million.
Comment by Hugh on 23 September 2009:
I just started to experience Goodyears total lack of concern for the wellfare and safety of their customers. Even before I formally filed my claim they claimed their tire to be defective free!! The on my 2002 Z06 corvette separated causing damage to the right front area. The tire was forward to Goodyear by Discount Tire so the tire arrived before I received Goodyear’s claim paper. Thankfully, no was hurt, except my pocketbook.
Good luck on your on your cllaim. I’m looking to file a claim in small claim court soon.
Comment by Jeff on 8 December 2009:
I disagree that Goodyear is not concerned for the welfare and safety of their customers. In fact Goodyear has several projects to promote social responsibility. One of them is women with drive which helps to inform women about service techniques to keep them safe on the road. Another is the program where Goodyear provided youngsters with reflective slap wraps to help motorist see youngsters and to remind children to think about safety. They support Nelson Mandela’s HIV/AIDS organization. Goodyear has a child safety seat inspection program where they provide free child safety seats and training on how to use them properly. Also Goodyear funds driving schools to encourage safe driving.
So to say Goodyear has no concern for the welfare and safety of their customers is preposterous.
Tires on a zo6 corvette or any high performance vehicle have to have a specific speed rating and are tested and retested for optimum performance and liability. They are not responsible for misuse of their tire or debris on the road that can contribute to tire separation.
Comment by Ellen on 23 February 2010:
We just had a horrible blow out on our RV. Goodyear Marathon Trailer Tire. The tire had 1200 miles on it. The tread all the way around the tire came off and part of it wrapped around the axle, tore up the electric breaks and the side of the trailer. The insulation was ripped from the bottom of the camper. I could see just having a flat but this is rediculous! This will cost a substantial amount of money to fix our RV. I sure don’t want a Goodyear replacement.