Tires fly off tractor-trailer into oncoming vehicle: Failure to inspect tires: Wrongful death: Settlement

Law Reporter, Apr 2004

Thompson v. Bridgestone/Firestone Am. Holding, Inc., Tex., Harris County Dist. Ct., No. 2002-06623, Aug. 28, 2003.

Thompson, 61, was operating a dump truck on the opposite side of the freeway from a tractor-trailer. Two tires came off the trailer, and one tire flew directly at Thompson's dump truck, causing him to lose control of the vehicle and crash into a concrete structure on the freeway median. Thompson died during the collision as a result of the traumatic amputation of his legs. Thompson had been a dump truck driver earning approximately $10,000 annually. He is survived by his wife and three adult sons.

Thompson's wife, individually and on behalf of Thompson's estate, and two of his sons filed suit against the tire dealer for failure to properly install the tires and tighten the lug nuts; the owner of the tractor-trailer for failing to properly inspect the wheels and lug nuts; and the company that had recently sold the trailer at auction for failing to properly inspect the wheels before the trailer left the auction yard.

The parties settled during mediation before trial for $1.9 million. The contribution amounts from among defendants are undisclosed.

Plaintiffs' expert was Jack Mears, truck operations and reconstruction, Sanger, Tex.

Plaintiffs' Counsel

* W. Douglas Matthews, Houston, Tex.

Albert Lee Giddens, Pasadena, Tex.