Vehicle's tire detreads: Failure to inspect, replace: Malice: Wrongful deaths: Postverdict settlement

Law Reporter, Nov 2004

Grusenmeyer v. Sears, Roebuck & Co., Tex., Webb County 406th Jud. Dist. Ct., No. 2003-CVE-000101-D4, June 17, 2004.

Gutierrez, 27, and four passengers, ages 15, 17, 17, and 26, were traveling in Gutierrez's pickup truck when the front, right tire detreaded. Gutierrez lost control of the vehicle, which left the road and overturned several times. He and three of the passengers suffered fatal injuries, and another passenger suffered minor burns. Grusenmeyer, who had been in the automotive business, was survived by his wife and two minor children. The injured passenger was a student and did not claim lost wages.

Shortly before the incident, Gutierrez had taken the truck to Sears to get new tires. A Sears technician told him he did not need new tires in the front of the vehicle. The store did not inspect the Yokohama brand front tires, even though it had promised to do so.

Gutierrez's wife, individually and on behalf of their children and the estate, and the estates and family members of the other passengers, sued Sears, alleging negligence in failing to inspect and replace the tires, which plaintiffs' experts testified would have been noticeably close to detreading. Plaintiffs also alleged malice in that defendant disregarded its own policies and procedures in failing to inspect the tire.

Defendant contended it inspected the tire and that plaintiffs could not prove the tire that detreaded was the same tire that was brought into the store before the incident.

A jury awarded about $9.48 million, including $1 million in punitive damages for the finding of malice. Gutierrez's family was awarded $2.4 million. The other families and estates were awarded $1.5 million, $2.45 million, and $2.05 million respectively. The plaintiff who suffered minor burns was awarded $75,000. Prior to the verdict, the parties had agreed to a confidential high-low settlement.

Plaintiffs' experts were H. David Feltoon, neuropsychology/mental anguish, Austin, Tex.; V. Albert Sternthal, tire design, manufacture, and failure mechanism, Wimberly, Tex.; Stephen Alan Irwin and Andrew Damien Irwin, accident reconstruction, Dallas, Tex.; and Michael Raines, accident reconstruction, Laredo, Tex.

Defendant's experts were Kenneth G. Sorenson, accident reconstruction, Houston, Tex.; James D. Gardner, tire design/failure analysis, Akron, Ohio; Phillip W. Sack, tire design, manufacture, and failure mechanism, Kenmore, N.Y.; and Maria Concepcion Cruz, neuropsychology, San Antonio, Tex.

Plaintiffs' Counsel

* Mikal C. Watts,

* Gregory L. Gowan, and

G. Joseph Barrientos, all of Corpus Christi, Tex.

* Reynaldo L. Diaz Jr., San Antonio, Tex.

Mario A. Castillo Jr., Laredo, Tex.

Documents in this case are available through the Court Documents section in the back of this issue, courtesy of Mr. Gowan.

Comment. Plaintiffs' suit against Yokohama was settled for a confidential amount before trial.