. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.



Palm Beach County, FL

This was a product liability action in which the plaintiff alleged that the defendant tire manufacturer produced a defectively manufactured tire which suffered a blowout due to a bead failure. The plaintiff’s car rolled over three times causing catastrophic injuries to the plaintiff, a 35-year-old female at the time. The defendant denied that the tire was defective and argued that the blow-out was caused by poor maintenance and under inflation of the tire. The plaintiff’s husband, who maintained the vehicle, as well as General Motors, which installed the tire on the plaintiff’s vehicle, were listed as Fabre defendants on the verdict form.

The incident occurred on May 19, ________, as the plaintiff was driving on Interstate Route 95 from her home in Palm Beach Gardens to her employment as a customer service representative with QVC in Port St. Lucie, Florida. The plaintiff was driving a ________ Chevrolet Cobalt equipped with a Continental Touring Contact ________/60R15 tire on the right rear position. The plaintiff claimed that the right rear tire suddenly failed, causing her to lose control of the vehicle and roll over three times.

The plaintiff’s experts testified that the tire in question was defectively manufactured in that a bead (a steel band which rests against the inside of the rim) was defectively manufactured and failed, causing the tire to blowout. The plaintiff also alleged that the defendant failed to properly inspect the tire prior to its placement on the market. The plaintiff contended that the three-year-old tire showed no evidence of uneven wear, had three years remaining on its warranty and was properly inflated and maintained.

The plaintiff was hospitalized for a total of ________ days following the incident, including 42 days in a coma. She was diagnosed with fractures to her jaw, left arm, vertebra, ribs and both scapulae. She also suffered a pneumothorax and other internal injuries. The plaintiff underwent 17 surgical procedures, including a cervical fusion. The plaintiff claimed a total disability from employment and $________ in past medical expenses. Her doctors opined that the plaintiff will also need additional surgery in the future.

The defendant argued that evidence indicated that the tire blew out because it was not properly inflated and was driven flat. In addition, the defense contended that, if the tire was defectively manufactured, the Fabre defendant (General Motors) should have caught any defect prior to installing the tire on the vehicle in question. General Motors was not a direct defendant in the case.Following a three week trial, the jury found the defendant tire manufacturer 90% negligent, the Fabre defendant General Motors 6.5% negligent and the plaintiff’s husband (a Fabre defendant) 3.5% negligent. The jury also found that the defendant placed a defective product on the market. The plaintiff was awarded $________ in damages, reduced to a net award of $________. Post-trial motions are pending.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.