Case details

Motorcyclist ran over object that caused blowout: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
head epidermis, road rash
FACTS
On Dec. 26, 2011, plaintiff Nelson Stone Sundbye, 56, a retiree, was riding a 2006 Ducati Multistrada motorcycle on southbound Interstate 5, near Jefferson, when his rear tire blew out, causing the motorcycle to crash to the ground. He claimed to his head, shoulder and ribs. Sundbye sued Pirelli Tire LLC, Pirelli North America, Pirelli & C. S.P.A., Pirelli Deutschland GMBH, Pirelli Tyre Europe, Pirelli Tyre S.P.A., Lemans Corp., Southcoast Ducati, Parts Unlimited, Western Powers Sports Inc., and Spectrum Motorsports Inc. Sundbye alleged that the subject tire was defectively designed, creating a dangerous condition. Lemans Corp. was the German wholesaler/importer of the tire, while Pirelli Tire LLC took the order for it. Lemans was ultimately dismissed from the case for a waiver of costs, while Pirelli North America was granted its motion for nonsuit. In addition, Sundbye settled with Spectrum Motorsports and the remaining defendants, all foreign corporations, were not pursued. Thus, the matter proceeded to a bifurcated trial against Pirelli Tire LLC only. Sundbye claimed the subject tire lacked a sufficient antioxidant package, in that an insufficient amount of chemicals was added to the tire to prevent aging. He also claimed that the tire was defective at the time it left the manufacturer in Germany. The plaintiff’s tire expert opined that as a result, the 15-month-old tire became depleted from air passing through and aged at a rapid rate, causing it to come apart and blow out. Counsel for Pirelli Tires LLC argued that the subject tire was not defective and that Sundbye ran over something with his motorcycle, putting a hole through the tire. Counsel further argued the tire, running low on air, overheated and came apart. Thus, counsel argued that the alleged blowout accident had nothing to do with the tire’s design or manufacturing., Sundbye claimed to his head, shoulder and ribs as a result of the accident. However, the trial was bifurcated, so damages were not before the court.
COURT
Municipal Court of Orange County, Santa Ana, CA

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