September 27, 2023

Every Bicycle Tire

Rolling And Moving

Tire Tread Separation Blamed At Trial For Triple-Fatality Rollover Accident, Watch Online via CVN – CVN News

3 min read

Garcia openings

CVN screenshot of plaintiff attorney Paul Kiesel, left, and defense lawyer Dean Olson, right, delivering their opening statements

San Diego, CA — A California state court jury heard opening statements Monday in a lawsuit accusing a tire repair shop of responsibility for the triple-fatality rollover accident after allegedly not replacing a worn tire, and the full proceedings are being webcast gavel-to-gavel by Courtroom View Network.

Attorney Paul Kiesel associated with Kiesel Law LLP, representing family members of the three victims, told a San Diego County jury during his starting statement that Chuy’s Wheel Service should have replaced the right rear wheel on the 2001 Ford Expedition while it was in for service to have the left rear car tire replaced.

Kiesel argued the best rear tire, which hadn’t been changed since the car was sold in 2001, later suffered a tread separation that will led to the particular 2014 accident, but Dean Olson of Clark Hill maintained Chuy’s had no legal obligation to replace the tire.

The full trial is being webcast gavel-to-gavel by CVN, and subscribers to CVN’s online trial video library get unlimited live plus on-demand access to the particular proceedings, along with unlimited access to hundreds associated with other civil trials featuring top plaintiff and defense attorneys from throughout the United States.

Check out 10 “must watch” automotive product liability trials within CVN’s video library, all included among many others with a monthly or yearly subscription.

Kiesel explained throughout his opening statement that the Expedition’s owner initially brought it in to have a leaky left rear tire replaced. Kiesel said Chuy’s sold him a replacement wheel but also had a professional responsibility in order to recommend an aging factory original car tire be changed.  

“What the standard of care you’ll hear testified to here in this courtroom is that a tire professional has to look at all the tires, ” Kiesel said.

He explained to jurors that all tires have a dating system on the outside from the tread that would possess immediately indicated it was a factory original, and that will the owner of Chuy’s testified in a deposition he would never sell a tire that old to a customer.

“This incident was totally completely preventable, ” Kiesel said, without asking for the specific amount of damages in his opening statement.  

During his starting on behalf of Chuy’s, Olson informed jurors there was no state or federal law that requiring Chuy’s to recommend the right rear tire be replaced. This individual said the Expedition’s owner initially asked for a quote for two tires but decided to only yet one, and that Chuy’s simply provided what the customer requested.

“That wheel did not cause the proper back tire in order to fail, ” Olson stated.    

Olson mentioned the correct rear tire, which had been used as a spare, failed due to internal damage that an external follow inspection would not reveal.

He or she also argued the utilized Expedition had issues with its steering and suspension and suggested those problems actually caused the skidding when the driver slammed upon the brakes immediately right after the stand separation.

The particular trial before Judge Cynthia Freeland is expected to take roughly a week to complete, and CVN’s coverage will continue for the duration of the proceedings.

The case is captioned  Garcia v. Chuy’s Tire Service , case number  37-2017-00024480-CU-PO-NC in San Diego Region Superior Court.

E-mail David Siegel at dsiegel@cvn. com

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