Products Liability Law Reporter

Ramiro Munoz Jr., 58, was driving in a rural area when he collided with a concrete truck that had suffered a tread separation on its left front 385/65R22.5 Goodyear G286A SS tire, causing the truck to tip onto its side and slide down the roadway. Munoz died in the collision. He is survived by his wife and two adult children.

Munoz’s wife, individually and on behalf of his estate, and Munoz’s children sued Goodyear Tire & Rubber Co., alleging the concrete truck’s tire was defectively manufactured at the company’s Danville, Va., plant and contained faulty components that led to a tread separation. The plaintiffs alleged that the tire had steel belts that were off-centered and too narrow. Suit also claimed that the tire contained rubber adhesion defects resulting from water infiltration during the manufacturing process.

The plaintiffs also filed suit against D.G.J. Transport and the driver of the concrete truck, George Garza—who was driving on a probationary license—alleging negligence and faulty maintenance of the truck. The plaintiff settled these claims during trial.

The jury awarded the plaintiffs $33 million, apportioning liability at 90 percent to Goodyear and 10 percent to D.G.J. Transport and Garza.

Citation: Munoz v. Goodyear Tire & Rubber Co., No. 13-06-12009-DCVAJA (Tex. Dist. Ct. Dimmit Cnty. Feb. 22, 2019).

Plaintiff counsel: AAJ members John Gsanger and G. Scott Marshall, both of Houston; AAJ member R. Blake Brunkenhoefer, Corpus Christi, Texas; and Hon. Francisco Ponce, Carrizo Springs, Texas.

Plaintiff expert: David Southwell, tire manufacturing, Adelaide, Australia.