Case details

Defective tire should not have been installed, plaintiff claimed





Result type

Not present

brain, brain injury, depression, fracture, mental, neck, psychological, traumatic brain injury
On April 16, 2010, plaintiff Mario Olguin, 51, owner and operator of a landscaping company, was seated in the passenger seat of a vehicle on a trip to Mexico when the vehicle’s tire blew, causing the driver to lose control. As a result, the vehicle left the roadway in Sinaloa and rolled at least three times, causing to Olguin. Eleven days before the accident, Olguin bought a set of used tires from A-Car Wrecking Salvage Lot and had them installed at Twin’s Tire & Wheels. The tires were all mismatched and the “newest” tire was 8 years old. Olguin claimed that it was a 13-year-old Michelin tire on his vehicle that failed. Olguin sued the designer of the tire, Michelin North America Inc.; the provider of the tire, A-Car Auto Wrecking Inc.; and the installer of the tire, Jesus Valdivia, who was doing business as Twin’s Tire & Wheels. Olguin alleged that Michelin defectively designed the product, and that A-Car and Valdivia were negligent in the selling and installation of the old, defective tire. Plaintiff’s counsel contended that the tire’s design was improper. Counsel also contended that A-Car should not have sold someone a used tire that was 13 years old and showed signs of weather cracking. Plaintiff’s counsel further contended that Valdivia should not have mounted the tire knowing that it was 13 years old with weather cracking. Michelin claimed that it suggests tires be taken out of service after seven years and that, in this case, the tires were actually taken out of service and were in a salvage lot. Thus, Michelin’s counsel contended that A-Car brought the tires back from being out of service and sold them to Olguin. A-Car claimed that it did not owe a duty to Olguin, as the plaintiff was buying used tires from a salvage lot. Valdivia claimed that A-Car should not have sold Olguin the tires., Olguin was taken via ambulance to a Mexican hospital. He sustained a cervical fracture at the C2 level, also known as a hangman’s fracture, and a mild traumatic brain injury. He was subsequently placed in a halo brace and transported to the United States for treatment. Olguin had large wounds on both his head and right forearm, which each required skin grafting. He also received a set of epidural injections to his cervical and lumbar spine, including an occipital nerve block injection to help control his pain. Due to his , Olguin claimed he was unable to work, was severely depressed and suffered from a mood disorder. He subsequently sought counseling for his depression and mood disorder, and is currently continuing such treatment. Olguin claimed that prior to the accident he was a family man, but that he is now confined to his home and in daily pain. He alleged that as a result, additional pain management and a future lumbar surgery have been recommended.
Superior Court of Los Angeles County, Central, CA

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