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April 2005 > 04/04/05
Accident Reconstruction
News Article
Michelin Tires Found Safe and Not Defective by Riverside
County California Jury
- Claims of Defective Manufacturing Rejected
LOS ANGELES, April 4 /PRNewswire/ -- In a key automotive
industry decision, a Riverside County, California jury has ruled that a
LTX tire manufactured by Michelin North America, Inc., at the company's
Dothan, Alabama plant was safe and not defective.
"As we maintained throughout the trial, Michelin's
product was safe and did not contain a manufacturing defect," Michelin
lead trial attorney, James J. Yukevich of the Los Angeles law firm of Yukevich,
Calfo & Cavanaugh said. "We are all pleased that the jury concluded
that this tire was properly manufactured and caused no harm." Along
with Mr. Yukevich, Michelin was represented by Alexander Calfo and Cristina
Ciminelli.
After deliberating for less than four hours, the jury concluded
that no defect existed in the subject tire. The jury thereafter found against
defendant St. Theresa's Parish -- the owner of the vehicle on which the
tire in question was mounted and the employer of the vehicle's driver --
and The Archdiocese of Phoenix.
At the time of the accident, the plaintiffs -- Laura Parks,
Lourie Plaza, Maureen Gilloon, Jamie Howe, Christi Oliver, Maricela Moffitt
-- were returning to Phoenix from Duarte, California, following a weekend
retreat sponsored by the Parish. All of the plaintiffs are Arizona residents
and the accident occurred in Riverside County. Among the injuries alleged
by plaintiffs were a severed ulnar nerve and fractured arm leaving severe
disfigurement and diminished use, a degloving injury of the foot leaving
severe disfigurement and diminished use, disfiguring facial scarring, brain
injury resulting in diminished cognitive function, and post traumatic stress
disorder.
During the trial, Michelin's independent expert, Thomas Dodson
of Smithers Scientific Services in Akron, Ohio, presented evidence that
the tire in question failed due to impact damage that occurred approximately
one thousand miles before the accident. Mr. Dodson testified that there
was no evidence that the tire had been manufactured with any contamination
as the plaintiffs had alleged.
The plaintiffs claimed that when the tire was made in 1995
an unidentified contaminant was manufactured into the tire at some undetermined
phase of the manufacturing process, leading to inadequate bonding of the
tire components. In his testimony, Mr. Dodson made it clear that so-called
"process marks" can be found in any properly manufactured tire,
and these marks do not disappear during the manufacturing process.
About Michelin North America
Michelin produces and sells tires for all kinds of vehicles,
including passenger car, light and heavy trucks, 2-wheels, aircraft, agricultural
and earthmover vehicles, as well as the U.S. space shuttle, and develops
suspension and anti-vibration systems. Michelin counts 80 production sites
in 5 continents, has 130,000 employees and sales operations in more than
170 countries.
About Yukevich Calfo & Cavanaugh
Yukevich Calfo & Cavanaugh specializes in defending U.S.
and global companies in general litigation and product liability litigation
across a broad cross section of industries from automobile manufacturing
to consumer product companies to a variety of other industrial clients.
The firm, which has tried cases across the U.S., also has proven capabilities
in national discovery coordination, alternative dispute resolution (mediation
and arbitration), crisis management, jury verdict research, and computerized
litigation support.
Source: Yukevich Calfo & Cavanaugh
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