Case details

Failure to inspect tire resulted in fatal rollover, lawsuit alleged

SUMMARY

$2000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
death, multiple trauma
FACTS
On Nov. 12, 2012, Frankie Jo Weaver, 62, a teacher, was killed when a tire failed on the sport utility vehicle she was driving and she lost control of the vehicle. Weaver had been heading west on Interstate-40, just east of Newberry Road, in Newberry Springs, when the tread of the left rear tire separated. She lost control of the 1998 Ford Explorer, which rolled over several times and crossed the center divider into opposing traffic. She was alone at the time and wearing her seat belt. First responders found the SUV resting on its roof with Weaver suspended upside-down with her seat belt fastened. She was pronounced dead at the scene. Weaver’s two adult sons, Wayne and Chad Weaver, brought a wrongful death action on behalf of themselves and their mother’s estate against the manufacturer of the vehicle, Ford Motor Co.; the dealership where Weaver bought the SUV, Cerritos Ford; the manufacturer of the failed tire, Cooper Tire & Rubber; and the owner of the tire retailer and his business where Weaver maintained the tires, Virgil Gorman and Jusgo Tyres LLC (doing business as Just Go Tires). The defendants associated with the manufacture and distribution of the tire (a Cooper Dominator All Season tire, DOT #U9HL TUL 9508) were dismissed, as was Ford as manufacturer of the vehicle. The dismissals were on undisclosed terms. The case went to trial against only the auto dealership, Cerritos Ford. The Weavers went to trial on claims of negligence. Specifically, the Weavers claimed the dealership, which had inspected the tires on Aug. 22, 2012, should have detected that the tire was wearing unevenly, and had failed to remove the tire from service, which caused the crash. The dealership argued that all the tires, at the inspection, had sufficient tread depth, of at least 7/32., Frankie Jo Weaver was pronounced dead at the accident scene. She was survived by her two adult sons.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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