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Verdict range $100,000 - $500,000
ARTICLE ID 39996
$________ - PRODUCTS LIABILITY - ALLEGEDLY DEFECTIVE TIRE CHANGER - TIRE EXPLOSION - COMMINUTED FRACTURE OF THE LEFT ELBOW - THREE SURGERIES INCLUDING TWO TOTAL ELBOW REPLACEMENTS.
U.S. District Court, Eastern Dist. of Pa.
The plaintiff, a diesel mechanic in his early age 40s at the time of
injury, filed this products liability action against the
manufacturer of a Coats 40-40 SA tire changer, alleging that the
machine was defectively designed so that its table top acted as a
"launching pad" in the event of a tire explosion. The plaintiff
claimed that he was struck in the elbow by the tire or rim of an
exploding tire, sustaining a comminuted elbow fracture requiring
two total elbow replacements. The defendant argued that the
product was not defective and that the plaintiffs injury was due
to overinflation of the tire and tire bead failure. The defendant
also contended that the plaintiffs injury was due to
hyperextension of the elbow not from contact with the tire or
rim.
The plaintiff testified that about one month before his accident
he opened his own auto repair shop in Chester, Pa. On
November 11, ________, the plaintiff said he was asked by a customer
to remove an old tire from a rim and place what appeared to be a
new tire on the rim. The plaintiff removed the old tire from the
rim using a coats 40-40 SA tire changer and placed the new tire
on the rim. The plaintiff testified that he inflated the tire to
35 PSI, released the hold down cone and grasped the tire with
both hands in order to lift it off the tire changing table when
the tire suddenly exploded. Upon explosion, the plaintiff
contended that either the tire or rim struck him in the left
elbow, that he was forcefully thrown backwards and did not recall
anything else until he woke up in the hospital the next day with
an external fixator attached to his left arm.
The plaintiff claimed that as far back as ________, the defendant
manufacturer was aware that in the event of a tire explosion the
table top of their tire changing machines acted as a thrusting
surface which propelled an exploding tire upward with greater
force than if the tire was allowed to raise up off the table at
the time of explosion. The jury was shown videotapes of tests
performed by the defendant on its own tire changers in ________ which
depicted tires exploding and launching in the air up to 85 feet.
The videotapes also showed tests where tires which were raised
above the table top only exploded to heights of two to three feet
in the air. The plaintiffs biomechanical engineer testified that
if the tire was raised above the table when it exploded instead
of being in direct contact with the changing machine, the forces
exerted upon explosion would have been reduced by as much as 98%.
The plaintiffs orthopedic surgeon testified that the plaintiff
suffered a severe comminuted fracture of the left elbow as a
result of a portion of the tire and/or rim striking his elbow and
that approximately ________ pieces of bone were extracted upon initial
surgery. The plaintiff underwent two total elbow replacements in
the past five years, according to testimony presented. The
plaintiffs vocational expert testified that the plaintiff can
never return to employment as a mechanic, but may be able to
obtain employment at a salary approximately $________ to $________
per year less then he earned as a mechanic.
The defendants designee, called by the plaintiff in his case in
chief, testified that the tire explosion injuries occur because
of overinflation of the tires, tire bead failure and operator
negligence. This expert opined that jet propulsion was the reason
for the forces exerted at the time of an explosion and that the
table top surface was inconsequential. The plaintiff rebutted the
experts theory by his own testimony in another case in which the
expert stated that the jet propulsion theory was an erroneous
theory. The defendants orthopedic surgeon testified that he had
an extensive background in investigation explosions in Viet Nam
and that the plaintiffs hand had to be in a position different
than alleged at the time of the explosion, because his injuries
were due to a hyperextension of the elbow and not from contact
with the tire or rim. The jury found for the plaintiff in the
amount of $________, which included $________ to the plaintiffs
wife for loss of consortium. Plaintiffs petition for delay
damages is pending.
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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:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
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- Defeat or support post-trial motions through past case histories.
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