Fatal Crash Leads to $11.7 Million Verdict Against Michelin

A Texas jury has found Michelin solely liable for a fatal accident that killed six people in 2006 and has ordered the tire maker to pay nearly $12 million to the families of the victims and others injured in the crash.

In a statement to Thomson Reuters, Michelin North America spokeswoman Tonya Polydoroff expressed sympathy for the families but said the tire was not defective and did not cause the accident.

"All evidence, including a bend in the wheel which aligns to the same area containing the severe tire damage, shows the tire did not fail prior to the collision, but as a result of it," she said.

Polydoroff added that Michelin will not appeal, citing a private high/low damages agreement between the parties prior to the verdict.

According to the complaint filed in Texas' 197th District Court, the accident happened in Mexico Dec. 31, 2006, when the tread peeled off a BF Goodrich All-Terrain T/A tire mounted on Jesus Guzman's Ford F-250 pickup truck. Michelin designed, manufactured and sold the tire, the plaintiffs said.

Guzman lost control and crossed into the oncoming lane, slamming into a Chevrolet Suburban.

All six occupants of the Suburban were killed. Guzman and several of his family members were injured.

The estates and families of the victims sued Guzman and Michelin for strict liability, negligence and breach of warranty. The Guzman family joined the suit against the tire company.

The original complaint said there was a safer alternative design for the tire that was "economically and technologically feasible at the time of production and would have prevented or significantly reduced the risk of the accident and/or injury in question without substantially impairing the tire's utility."

The faulty design Michelin used caused the tire to fail "in a manner not reasonably expected by an ordinary consumer and user of tires," the plaintiffs said.

The trial began Aug. 17.

According to a press release from plaintiffs' counsel at Watts Guerra Craft LLC in San Antonio, Michelin "hinted" during trial that Guzman's accident investigator allegedly "planted" tread remnants at the scene.

The release says the plaintiffs' attorneys countered, "Michelin has a lot of guts claiming evidence was planted, when every ounce of paper they have about this tire was shredded so you couldn't see it."

The jury returned its verdict Sept. 10, apportioning 100 percent responsibility to Michelin.

The $11.7 million in damages includes $1.5 million to each of three families for loss of companionship and mental anguish and $2 million to a fourth family for the same claims.

Guzman was awarded a total of $4 million with $3.2 million for future medical expenses. The jury awarded his injured family members more than $1 million.

To comment, ask questions or contribute articles, contact West.Andrews.Editor@ThomsonReuters.com.

Mikal C. Watts and Joseph Barrientos of the Watts Guerra Craft LLC LLC in San Antonio represented the families and estates of the victims.Counsel for the Guzman family were Carlos Guerra and Michael Moore of Guerra & Moore in McAllen, Texas, and John Gsanger of the Edwards Law Firm in Corpus Christi, Texas.Michelin was represented by Thomas M. Bullion III and Chris Blackerby of Germer Gertz LLP in Austin, Texas; Kate Helm in Atlanta; and in-house counsel Kitt Foster and Valerie Williams.