Used Tire Resold, Blew Out And Caused Driver To Lose Control

Decedent is survived by his wife and three teenage children. Plaintiffs contended that the tire was a used tire that was defective and that defendant had failed to properly inspect it and should never have resold it due to its defective nature. Defendants contended that the blowout was the type of thing that can happen involving a tire of this nature and denied any defect. Defendants contended that the decedent overreacted to the blowout, panicked and caused the vehicle to lose control. Defendants also contended that because the decedent was not wearing the shoulder harness of his seat belt, that precipitated his death and that had he had the shoulder harness on, he would not have died. Plaintiffs were able to establish that there had been other failures of the same set of used tires and that defendant was put on notice of this previous problem, yet failed to properly inspect and advise the Whitbecks of this defective tire. Mr. Whitbeck was out of work at the time of the accident and had a checkered work history. The total economic damages were less than $250,000. The matter was mediated over a day and a half.