Tread Separation Causes Him to Lose Control of His Van and Crash

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DISCLAIMER: The above results are specific to the facts and legal circumstances of each of the above clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

Tread Separation Causes Him to Lose Control of His Van and Crash

Henry Garza, an elderly man was driving a 1997 Mazda MPV Van on Interstate 10 in Houston, Texas when the tread separated from the vehicle's right rear tire, sending the vehicle sharply to the right. Garza was in the left inside lane of four lanes of traffic. Just before the tread separation occurred, Garza reported feeling vibration in the steering wheel of the van. Upon feeling this, he immediately began to easily slow the vehicle down to pull over to determine the source of the vibration. After the tread separated, Garza was able to input the appropriate amount of steer, brake correctly, counteract the sharp steer to the right, and struggle to get the vehicle back to the left out of the path of other vehicles on the heavily crowded freeway. During the course of his attempts to get the vehicle under control, the van slammed into the concrete wall causing a severe fracture to Garza's hip. While hospitalized for the hip fracture, Garza suffered a major heart attack, nearly ending his life. Mr. Garza had approximately $172,000.00 in past medical bills.

Tony Denena and Chad Points of Denena & Points, P.C. represented Garza and his wife, and sued Bridgestone/Firestone North American Tire, L.L.C. alleging that the tire, a Firestone Affinity, was defective in that it was improperly made and had a design that did not include a feature known as a full nylon cap ply which has been proven to help prevent tread separation. The age of the tire, 9 years, was also a significant contributory factor in its failure. Tires become weaker with age for various reasons, yet Firestone did not warn the Garzas of the dangers inherent in using aging tires.

Mr. Denena and his partner Chad Points vigorously prosecuted the case and were able to reach a confidential settlement with Firestone at mediation for Mr. and Mrs. Garza.