Jury Awards $18 Million in Death of Child Blamed on Aged Tires
Dealer that installed 12-year-old tire found liable for death of Willie Moreno.
March 20, 2010 — -- A California jury has handed down an $18 million award to the family of an 11-year-old boy killed in a vehicle crash attributed to a dangerously aged tire. American Tire Depot (ATD), a Southern California tire-store chain, was found negligent for installing the tire in the Ford Explorer involved in the accident.
In May of 2006, 11-year-old Willie Moreno was killed when his family's Explorer rolled over on a highway in Riverside, California. The left rear tire had experienced a catastrophic tread separation, and it was later found that the Firestone tire was 12 years old at the time of the accident.
Attorneys for the Moreno family alleged that ATD was responsible for rotating the 12-year-old spare tire onto the Explorer when the vehicle was brought in for replacement tires. They said that the family went to ATD to replace its two rear tires, and that ATD sold them one tire and told them to rotate the spare in.
As reported by ABC News, aged tires can present a hidden danger even if their treads are unworn and they haven't been driven a mile. According to consumer and industry sources, as tires age the rubber can deteriorate and become brittle, leading to a possible tread separation. Automobile and tire companies have issued bulletins recommending "shelf lives" for tires ranging from six to 10 years.
During the trial, the jury was presented with evidence showing that both Ford and Firestone have issued bulletins on aged tires. In 2005, Bridgestone Firestone sent out a technical bulletin to its dealers that said, "It is recommended that all tires (including spare tires) that were manufactured more than ten (10) years previous be replaced with new tires." Also in 2005, Ford Motor Co. issued an advisory about aged tires, stating, "Tires degrade over time, even when they are not being used." Ford recommended replacing tires "after 6 years of normal service."
"This tragedy could have been easily prevented," said Roger Braugh, one of the attorneys representing the Moreno family. "The facts of this case showed very clearly that American Tire Depot did not offer even a minimum of professional attention to tire safety."
William Delhagen, the defense attorney for American Tire Depot, said he was "disappointed" by the decision, and that ATD had presented evidence showing the company was not responsible for installing the tire in question on the Explorer. According to Delhagen, the jury "allowed sympathy to overwhelm a careful evaluation" of the case.
Currently there are no federal standards setting an "expiration" date for tires. Tire industry trade groups have come out strongly against such a measure, arguing that factors such as excessive use, and poor maintenance and storage are more important in determining whether or not a tire will fail.
The Moreno family strongly supported a bill that passed the California Assembly last year that would require tire dealers to disclose the age of a tire in writing to consumers prior to the sale or installation of a tire. However, in the face of strong industry opposition, the bill was withdrawn by its sponsors before it could be voted on by the state Senate.