Woman injured when car overturns: Failure to properly install tires: Improper training: Head injury: Structured settlement

Bowen v. Bridgestone/Firestone, Inc., U.S. Dist. Ct., E.D. Tex., No. 1:95-CV-00922, Aug. 22, 1998. Bowen, 44, was driving her car, whose tires had been replaced the previous day. The car left the roadway and overturned. She suffered a serious head injury, resulting in significant neurological deficits. She requires 24-hour attendant care and has incurred medical expenses totaling about $180,000. A school counselor who had been earning about $23,000 annually, she is permanently disabled.

Bowen's parents, individually and on her behalf, sued a tire shop owner and operator, alleging failure to properly install the tires. Plaintiffs claimed one of the tires had been "chopped" during installation, resulting in damage to one of its beads. This led to sudden pressure loss, plaintiffs claimed, causing Bowen to lose control of her vehicle. Plaintiffs also alleged defendant had failed to properly train the employee who had installed the tires.

Defendant argued any tire damage had been caused by the accident itself. Defendant also contended Bowen had lost control of her car due to her own negligence.

The parties structured a settlement with a present value of $5 million. Approximately $1.22 million will be placed in a trust for Bowen, and the remainder will be used to purchase an annuity.

Plaintiffs' experts were Thomas Grubbs, accident reconstruction, Houston, Tex.; Carl Hansen, vocations, Austin, Tex.; Charles Hawkins, economics, Beaumont, Tex.; H.G. Jernigan, tires, Tyler, Tex.; and Robert Voogt, life care planning, New Orleans, La.

Defendant's experts were William B. Nalle, accident reconstruction, Austin, Tex.; Jim Gardner, tires, Akron, Ohio; and Carl Shrontz, neurology, Beaumont, Tex. Plaintiffs) Counsel:

*Paul F. Ferguson Jr., Beaumont, Tex. *James E. Payne, Beaumont, Tex.