The Arizona Court of Appeals says that a local woman who was hurt and lost
her mother and daughter in a Mexico car accident can sue Continental Tire
North America in the state of Arizona. Attorneys for the tire company
wanted the auto products liability lawsuit to be argued in Mexico where
the rollover accident happened.
Court documents state that the car accident victim, Maria Pozo Parra,
was driving her motor vehicle in Yuma County when the tread in one of
her tires separated. Pozo Parra then lost control of the vehicle, which
rolled over. She and three other passengers were ejected from the auto.
They all sustained injuries. Pozo Parra’s mother and one of her
daughters were killed in the rollover accident. She is suing the tire
maker and the dealer that she bought the tire from for products liability.
As part of their argument that the case be tried abroad, the defendants
claimed that the Arizona tire defects lawsuit had a “tenuous”
connection to the state. The tire dealer is based in Arizona.
A judge in Maricopa County Superior Court agreed with the defendants and
tossed out the Arizona defective tire lawsuit. Appellate Judge Diane Johnsen,
however, said that the defendants’ arguments could not overcome
Arizona law, which lets plaintiffs decide where they want to file their
civil claims.
Tire Tread Separation
Tire tread separation can lead to tire blowouts, which can cause a motorist
to lose control of the vehicle. This can result in deadly rollover accidents
and other kinds of auto collisions. A tire blow out can be especially
dangerous when the vehicle is traveling at high speeds or if the auto,
such as many sport utility vehicles, has a high gravity center.
Defective design or manufacturing defects are two common causes of tire
tread separation. Examples of common tire design defects:
- Insufficient nylon overlays
- Deficient skim stock
Some causes of tire manufacturing defects:
- Poor adhesion or bonding of tire components
- Poor quality control
Yuma tire lawsuit OK’d for Arizona, Yuma Sun, August 14, 2009