Products Liability Law Reporter

As mechanic Michael Snyder was mounting a set of Pac Star DC 902 7.50-16 tires using a tire changer, a tire exploded and was propelled off the tire changer with the force of a stick of dynamite. Snyder suffered a punctured skull, head injury, right shoulder injury, and a herniated disk in his lower back. He was airlifted for medical treatment and underwent shoulder surgery and numerous back injections. His past medical expenses were approximately $92,000. Snyder, 58, had been self-employed with a varying salary but is no longer able to work.

Snyder filed suit against Qingdao Xiyingmen Double Camel Tyre Co., which designed, manufactured, and marketed the tires; and Elaine Petroleum Distributor, Inc., which sold the tires. Suit alleged strict liability, negligence, and breach of warranty. The plaintiff argued that the tire had multiple defects, including an outdated multi-strand weftless tire bead that was too tight and defectively designed.

The jury awarded $2.5 million.

Citation: Snyder v. Elaine Petroleum Distrib., Inc., No. 54-CV-13-204 (Ark. Cir. Ct. Phillips Cnty. Oct. 25, 2018).

Plaintiff counsel: Joseph G. Isaac and Sam J. Legate, both of El Paso, Texas; and Chuck Halbert, West Helena, Ark.

Plaintiff expert: Dennis Carlson, tires, Tucson.

Comment: In Davenport v. Goodyear Dunlop Tires N. Am., No. 1:15-cv-03752-JMC (D.S.C. Feb. 22, 2018), Maria Davenport was injured when the tread on the left rear tire of her Ford Explorer separated from the car, causing it to overturn. She and a passenger in her vehicle sued Goodyear Dunlop Tires North America, Ltd., and an affiliated company, alleging negligence, strict liability, and breach of warranty. The defense moved to exclude the testimony of Dennis Carlson, the plaintiffs’ expert witness, arguing that his testimony that he had examined approximately 180 Goodyear and Dunlop tires that had a tread separation was inadmissible. The court held that Carlson’s testimony was admissible because the plaintiffs were using it not to establish that the tire at issue was defective, but to show that Carlson had the experience and qualifications necessary to analyze the defendants’ tires. Everett K. Chandler, Aiken, S.C.; and AAJ members John Parker, Ronnie Crosby, and William Barnes III, all of Hampton, S.C., represented the plaintiffs.