Case details

Negligent tire repair caused serious rollover crash: family




Mediated Settlement

Result type

Not present

back, clavicle, fracture, shoulder
On Nov. 9, 2009, plaintiff Ramon Arciniega, 39, was driving his sport utility vehicle on northbound Interstate 15, near Escondido, while accompanied by his wife, plaintiff Evangelina Quiroz, 52, and fellow passengers Florencio Quiroz Serrano and Dionicia Lopez Rodriguez. While traveling on the freeway, the SUV’s left, rear tire separated, causing the vehicle to go down an embankment and flip over several times. Arciniega and Quiroz both suffered serious , while passengers Quiroz Serrano and Lopez Rodriguez were killed instantly. Ramon Arciniega, Evangelina Quiroz, and the decedents’ adult heirs (Guadalupe Quiroz Cahue, Maria Quiroz Lopez, Joaquin Quiroz Lopez, Zulma Quiroz Lopez, Ezequiel Lopez Quiroz, Rosa Quiroz Lopez, Marcos Quiroz Lopez and Florencio Quiroz Lopez) sued Cosme Cardenas, who was doing business as Used Tire Center Inc. Plaintiffs’ counsel asserted that Cardenas’ company failed to follow the Rubber Manufacturers Association’s tire repair policies and procedures. Thus, counsel asserted that Used Tire Center negligently repaired the subject left, rear tire, causing the tire to fail and separate. The plaintiffs’ forensic tire expert opined that Used Tire Center’s repair of the left tire caused the tread separation that resulted in the accident that caused serious to two occupants and the wrongful death of two other occupants. Cardenas filed a cross-complaint against Arciniega, asserting that Arciniega negligently operated the SUV with tires below the minimum tread depth requirements. Defense counsel contended that the plaintiffs could not make any showing that Used Tire Center’s repair of the tire caused the alleged tire failure., Ramon Arciniega and Evangelina Quiroz were both seriously injured in the crash, while Florencio Quiroz Serrano and Dionicia Lopez Rodriguez were killed instantly. Arciniega was airlifted from the scene of the accident and taken to Palomar Medical Center, in Escondido, where he was diagnosed with a fractured right clavicle. He also suffered bruising all over his body, causing him to be unable to walk unassisted. Arciniega was subsequently hospitalized for three days and he underwent shoulder surgery on Dec. 15, 2009. He later underwent a second shoulder surgery to removed metal implants in December 2010. Arciniega missed three months of work while he recovered from the initial surgery and again after he underwent the second surgery approximately one year later. Thus, Arciniega sought recovery of $163,546.73 in past medical costs and recovery of damages for his pain and suffering. Quiroz was taken by ambulance to an emergency room, where she was diagnosed with an L1 compression fracture, and soft-tissue of her right shoulder, neck, back and head. She was subsequently hospitalized for five days and then released to continue treating her right shoulder and lower back with her primary care provider. Thus, Quiroz sought recovery of $68,160.16 in past medical costs and recovery of damages for her pain and suffering. Quiroz Serrano and Lopez Rodriguez, who were husband and wife, died after sustaining multiple traumatic in the rollover accident. Quiroz Serrano was 64 years old and Lopez Rodriguez was 63 years old. They lived in Mexico City and are survived by eight adult children, who all resided in the same Mexican village, except for Guadalupe Quiroz Cahue, who resided in California. The decedents’ heirs all claimed that they had close relationships with their parents, who were involved in their lives and the lives of their grandchildren. Thus, they sought recovery of general wrongful death damages.
Superior Court of San Bernardino County, San Bernardino, CA

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