Tire Defect Litigation PDF eBook

Editor: Robert E. Ammons; Contributors: Robert E. Ammons, Stephen M. Arndt, Dennis Carlson, Troy Cottles, Bruce A. Currie, Sean Kane, Paul Maurer, David Osborne, Don C. Stevens, William J. Woehrle ISBN 10: 1-936360-21-7 ISBN 13: 978-1-936360-21-5 Copyright Date Ed: January 20, 2016 Pages: 256 PDF eBook For the uninitiated, tire litigation can be daunting. Tire cases require special technical knowledge on tire construction, material science, and vehicle dynamics. And tire companies can be formidable opponents. Typically, the manufacturer’s first defense is to blame the consumer, attributing tire-related crashes to driver error or improper maintenance. Those claims surface in almost every case. The tire industry’s second tactic is to obfuscate and to hide relevant data and documents. A tire company may manufacture hundreds of separate tire models—each with different specifications—which it uses in litigation to isolate each individual case and claim it is unique, thereby preventing plaintiffs from using discovery from other lawsuits involving similar tires simply because those tires may have different names on their sidewalls and come in different sizes. Often, attorneys are unaware they have a case against a tire manufacturer. They simply look to the available insurance, collect it, and the case is done. In too many instances, the insurance policies come nowhere close to adequate compensation for someone who has lost a loved one or who has been catastrophically injured. Robert E. Ammons has  litigated scores of tire defect cases against industry giants for twenty years. This book includes many of the practical lessons he has learned, plus chapters written by renowned experts that provide technical information that is relevant in tire defect litigation. The book begins with the basics of tire construction. While the first automobile tires appeared in 1895, the steel belted radial tire is a relatively recent development. To give tire defects greater context, this book offers a primer on tires, inside and out, from the construction and assembly of a steel belted radial tire to the markings on the sidewalls. This book focuses on the elements of tire failures and the interplay among tire components that lead to tread and belt separations—the primary defect with steel belted radial construction. Using photographs and examples, this book helps you identify the type of failure mode—an essential element in any tire defect case. The book also guides the tire litigator through the regulatory landscape surrounding passenger and light truck tires. Tire regulation rulemaking provides important insights into manufacturers’ positions on safety issues. Any lawyer with a tread separation case needs an understanding of the regulatory scheme—its history and the implications for litigation. The later chapters take you step-by-step through a tire case, from how to determine if you have a viable case, to preserving the evidence and then choosing the right experts. It explores tire service issues, such as placement and inspections and the liability of tire service centers. Another chapter focuses on the relationship between the vehicle—passenger cars, SUVs, light and heavy trucks, and motor homes—and the tire in a failure case. The nuts and bolts of prosecuting your tire case are covered, such as identifying defendants, writing the complaint, conducting discovery, finding Other Similar Incidents (OSI), and working through and under protective orders. The book is intended to help you develop litigation theories and prepare you to meet manufacturers’ common defenses. While taking on a tire manufacturer for a deserving client involves a huge commitment of time and resources, it is emotionally rewarding work. This book gives you a grounding in every aspect of tire litigation, and it will serve as a starting point for your journey into tire defect litigation. Chapters Include Chapter 1: Understanding a Tire’s Marks and Components by Robert E. Ammons Chapter 2: How a Tire is Made by Bruce A. Currie Chapter 3: Steel Belted Radial Ply Tire Fatigue Endurance: A History of Improvements in Performance and Evaluations by William J. Woehrle Chapter 4: The Danger of Aging Tires by Robert E. Ammons and Sean Kane Chapter 5: The Federal Government and Tire Litigation by Sean Kane Chapter 6: Case Screening by Robert E. Ammons Chapter 7: Starting to Prosecute a Tire Defect Case by Robert E. Ammons Chapter 8: Discovery and Case Development by Robert E. Ammons Chapter 9: Tire Retailer and Service Center Liability by Robert E. Ammons Chapter 10: Creating and Using Exhibits in Tire Litigation by Robert E. Ammons and Paul Maurer Chapter 11: Expert Witnesses by Robert E. Ammons Chapter 12: The Importance of Accident Reconstruction in Tire Litigation by Don C. Stevens Chapter 13: Vehicle Dynamics and Testing in Tread Separation Cases by Stephen M. Arndt Chapter 14: Tire Impact Testing by Dennis Carlson, P.E. Chapter 15: Manufacturing Defects in Steel-Belted Radial Tires by Troy Cottles Chapter 16: Nondestructive Testing in Tire Cases by Paul Maurer Chapter 17: The Role of the Nylon Cap Ply in Tire Durability by David Osborne Chapter 18: Tubeless Tires and Inner Liners by David Osborne Chapter 19: Tire Repair and Procedures by Paul Maurer Chapter 20: Evaluation of Compression Rim Grooves Using an Objective Measurement Technique by Troy Cottles Appendix A: Sample Pleadings in a Tire Case Appendix B: Sample Discovery Requests Appendix C: Categories and Types of Documents to Request in Tire Litigation Appendix D: Protective Order Checklist Appendix E: Sample Cover Letter and Plaintiff’s Proposed Protective Order Appendix F: Sample of a Restrictive Protective Order Proposed by a Tire Manufacturer Appendix G: Sample Tire Inspection Letter Agreement Appendix H: Sample Topics for Corporate Representative Deposition Notices Appendix I: Tire Demount Protocol Appendix J: Internet Resources Appendix K: Abbreviations and Acronyms Appendix L: Glossary of Tire Litigation Terms Table of Contents Dedication Acknowledgments Contents Introduction Chapter 1: Understanding a Tire’s Marks and Components Robert E. Ammons 1.1 Introduction to a Radial Tire’s Markings and Components 1.2 How to Read a Tire’s Sidewall 1.3 Deciphering a Tire’s DOT Number Endnotes Chapter 2: How a Tire is Made Bruce A. Currie 2.1 Tire Manufacturing Process 2.2 Raw Materials 2.3 Compounding and Mixing the Rubber 2.4 Preparing the Components 2.5 Calendering 2.6 Inner Liner Calendering 2.7 Tire Bead Preparation 2.8 Tire Tread, Sidewall and Other Component Extrusion 2.9 Tire Tread Extrusion 2.10 Tire Sidewall and Other Component Extrusion 2.11 Building the Tire 2.12 Curing the Tire 2.13 Final Finish Endnotes Chapter 3: Steel Belted Radial Ply Tire Fatigue Endurance: A History of Improvements in Performance and Evaluations William J. Woehrle 3.1 An Introduction to the Mechanics of a Belt Separation Failure 3.2 Tire Durability Interpretations and Expectations 3.3 Understanding Tire Failures 3.4 A Chronology of Protections and Remedies for Fatigue Failures 3.5 Meeting the Need for an Effective Test Endnotes References Chapter 4: The Danger of Aging Tires Robert E. Ammons and Sean Kane 4.1 Introduction 4.2 Alleging and Proving the Failure to Warn 4.3 Tire Age at the Retail Level 4.4 Tire Manufacturers and Tire Age 4.5 Tire Age and Vehicle Manufacturers 4.6 Ford’s and NHTSA’s Tire Age Research 4.7 Tire Age Rulemaking Endnotes Chapter 5: The Federal Government and Tire Litigation Sean Kane 5.1 Rulemaking 5.2 Federal Standards Covering Tires 5.3 Tire Aging 5.4 Tire Identification and Recall Regulations 5.5 Government Research and Reports A. Research Report to Congress on Tire Aging B. The Pneumatic Tire C. An Evaluation of Existing Tire Pressure Monitoring Systems 2001 D. TIRE AGING: A Summary of NHTSA’s Work 5.6 Defect Investigations and Recalls A. The Firestone 500 B. Firestone ATX/Wilderness C. Goodyear Load Range E D. Foreign Tire Sales/Hongzhou Endnotes Chapter 6: Case Screening Robert E. Ammons 6.1 Is the Case Economically Viable? 6.2 Investigation of the Merits 6.3 The Client Interview 6.4 Getting Custody of Your Evidence 6.5 The Initial Inspection 6.6 The Forensic Examination of the Tire 6.7 The Service History 6.8 The Manufacturer’s First Defenses A. The Phantom Impact Defense B. The Overdeflection Defense C. The Tire Repair Defense D. The Seat Belt Defense E. The Blame the Driver Defense 6.9 Find Out if Your Tire Model Has a Troubled History 6.10 Deciding Whether to Move Forward Endnotes Chapter 7: Starting to Prosecute a Tire Defect Case Robert E. Ammons 7.1 Identifying Defendants A. The Vehicle Manufacturer B. The Service Center and Retailer C. The Driver D. The Vehicle Owner 7.2 Pre-Litigation Negotiation Considerations 7.3 Litigation Theories A. Common Defect Allegations in a Tread Separation Case 1. Design defect claims 2. Manufacturing defect claims 3. Failure to warn claims B. Third-Party Allegations: Retailers and Service Centers C. Understanding the Manufacturer’s Common Defense Contentions 1. Phantom Impacts 2. Overdeflection 3. Repairs 4. Improper Tire or Rim Size and Mixed Sets 5. Driver Reaction 7.4 Conclusion Endnotes Chapter 8: Discovery and Case Development Robert E. Ammons 8.1 Introduction 8.2 Discovery Schedule and Trial Setting Considerations 8.3 Common Discovery Issues A. Protective Orders B. Tire and Evidence Inspections & Protocols C. Tire Manufacturing Plant Inspections 8.4 Written Discovery A. Interrogatories B. Requests for Production of Documents 1. Design certification file 2. Safer alternative designs 3. Adjustment data 4. Other similar incident (OSI) information 5. Quality control materials 6. Marketing and advertising materials C. Requests for Admission 8.5 Depositions 8.6 Other Sources of Information 8.7 Conclusion Endnotes Chapter 9: Tire Retailer and Service Center Liability Robert E. Ammons 9.1 Introduction 9.2 Establish Corporate Policies 9.3 Potential Areas of Liability A. Tire Age B. Improper Placement C. Improper Repairs D. Recalled Tires E. Used Tires 9.4 Countering the Retailer’s Defenses Endnotes Chapter 10: Creating and Using Exhibits in Tire Litigation Robert E. Ammons and Paul Maurer 10.1 Introduction 10.2 Examples of Types of Tire Exhibits A. Annotated Photographs B. Annotated X-rays and Shearography C. Data Sets and Related Illustrations (Charts, Graphs, Tables, etc.) D. Animations E. Cut Tire Analysis F. Tire “Cutaways” or “Cutbacks” G. Exemplar Tires 10.3 Special Considerations in Creating Tire Exhibits Endnotes Chapter 11: Expert Witnesses Robert E. Ammons 11.1 Why You Need an Expert 11.2 What Your Expert Needs A. Tire Failure Analysis (“Defect”) Expert B. Accident Reconstruction Expert C. Vehicle Dynamics Expert D. Tire Retail and Tire Service Industry Expert E. Other Types of Experts to Consider 11.3 Clearing the Daubert Hurdle A. Define Duties and Plan Ahead B. Do Your Homework C. Get Your Expert Involved 11.4 Conclusion Chapter 12: The Importance of Accident Reconstruction in Tire Litigation Don C. Stevens 12.1 Introduction 12.2 Do You Need an Accident Reconstruction for Your Case? 12.3 Can’t I Just Rely on the Police Investigation? 12.4 Preserve and Document Case Evidence Before Hiring Experts A. Accident Vehicles B. Accident Scenes 12.5 What to Expect from an Accident Reconstruction A. Speed Analysis for Rollover Accidents 1. Speed at trip 2. Speed at rollover initiation 3. Steer-induced rollover 4. Tire marks leading to collision 5. Speed at start of tire disablement B. Special Considerations During Tread Separation Events 1. Tread separation drag 2. Tread separation road friction coefficient C. Detailed Analysis of Impacts During a Rollover 1. Number of rolls 2. Displacement of material within rollover damage 3. Impact locations along roll path 12.6 Conclusion Endnotes Chapter 13: Vehicle Dynamics and Testing in Tread Separation Cases Stephen M. Arndt 13.1 Introduction 13.2 Tire Disablements 13.3 The Effects of a Tire Tread Detachment on a Vehicle’s Handling Characteristics A. Complete and Partial Tread Separations B. Environmental Effects C. Vehicle Design 13.4 Common Claims Regarding the Loss of Control A. The Driver Ignored Telltale Signs of the Imminent Tire Failure. B. The Driver Over Reacted and Steered the Vehicle Too Much. C. The Driver Slammed on the Brakes Leading to Loss of Control. D. The Vehicle was Poorly Maintained Leading to Bad Handling. E. The Vehicle was Improperly Loaded Leading to Bad Handling. 13.5 Driver Training and Experience Endnotes Chapter 14: Tire Impact Testing Dennis Carlson, P.E. 14.1 Background of Typical Tire Manufacturer Defenses 14.2 Road Hazard Impacts 14.3 Prior Road Hazard Impact Defense 14.4 Negating the Road Hazard Impact Defense 14.5 Carlson-Woehrle Paper 14.6 Conclusion Endnotes Chapter 15: Manufacturing Defects in Steel-Belted Radial Tires Troy Cottles 15.1 Introduction 15.2 Trapped Air 15.3 Liner Pattern Marks 15.4 Porosity 15.5 Premature Oxidative Degradation 15.6 Cracked Inner Liner Splices 15.7 Steel Belt Defects 15.8 Contamination and Foreign Materials 15.9 Conclusion  Chapter 16: Nondestructive Testing in Tire Cases Paul Maurer 16.1 Introduction 16.2 Tire Manufacturing Process Background 16.3 Why X-Ray Failed Tires? 16.4 Types of X-Ray Equipment 16.5 Film vs. Digital 16.6 X-Raying Companion Tires 16.7 Other Types of Tire NDT 16.8 Why Do Tire Shearography? 16.9 Tire Shearography and Destructive Testing 16.10 The Relationship Between Tire X-Radiography and Tire Shearography 16.11 Conclusion Endnotes Chapter 17: The Role of the Nylon Cap Ply in Tire Durability David Osborne 17.1 Introduction 17.2 Radial Tire Construction 17.3 The Problems A. Stresses Caused By Tire Inflation B. Stresses From Vehicle Load and Centrifugal Load C. Shearing and Tearing at the Cut Steel Edges D. Shearing of the Rubber Between the Steel Belts 17.4 The Solutions A. Belt Step B. Shoulder Insert C. Belt Wedge and Inter-Belt Gauge D. Cap Plies 17.5 Conclusion Endnotes Chapter 18: Tubeless Tires and Inner Liners David Osborne 18.1 Introduction and Background 18.2 Developing Butyl and Halobutyl Rubber Compounds 18.3 The Permeability Problem with Halobutyl Rubber 18.4 Measuring Permeability 18.5 Conclusion Endnotes Chapter 19: Tire Repair and Procedures Paul Maurer 19.1 Introduction to Tire Repair and Procedures 19.2 Patch Repairs 19.3 String Plug Repairs 19.4 The Approved RMA Method of Repairing Tires: Plug and Patch Method 19.5 The “Repairable Region” of a Tire 19.6 Permissible Amount of Repairs in a Tire 19.7 Aerosol Puncture Sealing Products 19.8 Medium Truck Tire Repairs 19.9 Conclusion Endnotes Chapter 20: Evaluation of Compression Rim Grooves Using an Objective Measurement Technique Troy Cottles Appendix A: Sample Pleadings in a Tire Case Appendix B: Sample Discovery Requests Appendix C: Categories and Types of Documents to Request in Tire Litigation Appendix D: Protective Order Checklist Appendix E: Sample Cover Letter and Plaintiff’s Proposed Protective Order Appendix F: Sample of a Restrictive Protective Order Proposed by a Tire Manufacturer Appendix G: Sample Tire Inspection Letter Agreement Appendix H: Sample Topics for Corporate Representative Deposition Notices Appendix I: Tire Demount Protocol Appendix J: Internet Resources Appendix K: Abbreviations and Acronyms Appendix L: Glossary of Tire Litigation Terms About the Contributors Index