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| Products Liability |
| Teenager's fingers severed in SUV spinout after tire failure
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| Settlement: Confidential |
| Case Type: Tires, Products Liability - Design Defect |
| Case: Josephine Perez, Individually and a/n/f of Celeste Perez, a Minor al. v. Cooper Tire & Rubber Co., No. G-05-164 |
| Venue: United States District Court, Southern District, Galveston, TX |
| Judge: Sam Kent |
| Date: 01-17-2006 |
| PLAINTIFF(S) |
Attorney:
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Expert:
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| DEFENDANT(S) |
Attorney:
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Expert:
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| Facts: On Sept. 6, 2004, plaintiff Josephine Perez, 40, a customer service representative, was driving an SUV on FM 2218 near Rosenberg. Sitting in the front passenger seat was her husband, Manuel, and in the rear seat was her daughter, plaintiff Celeste Perez, 14, a student. Allegedly without warning, their right rear tire, a Futura Adventurer P265/75R16, malfunctioned. Perez lost control of her vehicle, and it rolled over. Perez, individually and on behalf of her daughter, sued Cooper Tire & Rubber Co., the Findlay, Ohio-based manufacturer of the tire, for products liability, claiming the tire was defective. Perez's attorney argued that the tread separated from the tire without cause. Plaintiff's counsel contended that the tire was fully inflated, so it had not suffered any puncture damage. An expert for the plaintiff -- whom plaintiff's counsel declined to identify -- opined that the tire should have been designed with nylon overlays to eliminate or minimize the risk of a catastrophic failure. Cooper's experts -- who were also no identified -- maintained that the tire was not defective. Perez did not maintain the tire properly, Cooper's counsel argued and failed to properly control her vehicle.
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Injury: Two of Celeste Perez's fingers were severed. She was transported to an area hospital. She was diagnosed with a massive crush injuries to her left hand. She lost her pinky and ringer fingers and part of her middle finger. Alex Willingham and Dan Bagwell, both life care planning experts for the plaintiff, estimted the cost of Celeste's future medical needs for outpatient physician and therapeutic services, surgery and acute care, medication and diagnostics and durable medical equipment and supplies such as cosmetic prosthetics. Josie Perez was also taken to a local hospital. She was diagnosed with a broken neck, though it did not result in paralysis. She wore a neck brace for several weeks and allegedly suffered from positional vertigo. The top of her head was scalped and had to be reattached. She allegedly continues to suffer neurological difficulties. She missed three months of work. The Perez's sought unspecified damages for past and future medical expenses, for Josie Perez's lost wages, and for their pain and suffering, physical impairment and disfigurement.
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Verdict Information Two months before trial, shortly after Cooper's President of North American Operations, Richard Stevens, was ordered deposed, the parties settled the case for a confidential sum. |
Awarded: Confidential
