A recent Texas product liability decision arose from a one-vehicle accident. The plaintiff was driving his vehicle with his family when a back tire burst, triggering a rollover. Those inside the car were injured.
The driver had bought the car used from a car shop that had gotten it as salvage and repaired it before selling it to the husband. The tire in question was made by the defendant. However, the tire had triple the tread amount that is mandated by federal regulations at the time of the accident. The injured plaintiffs sued the tire manufacturer, claiming the tire was negligently or defectively designed and made. They also claimed gross negligence and failure to warn causes of action.
The plaintiffs hired a forensic tire analyst to provide expert testimony. He testified that the tire was made and designed with defects. The manufacturer moved for summary adjudication of the plaintiffs’ claims. It also tried to get the expert’s testimony excluded, arguing that he wasn’t qualified or reliable. Summary judgment was granted, but the request to leave out the expert testimony was denied. The claims against the manufacturer were separated from the plaintiff’s claims against the used car dealership that sold the car.