Alexander v. Dunlop Trial Team heads to Binghamton, NY
Written By: Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP
We will continue to bring updates on what we expect to be one of our major trials of the year. This is the sad case of a vehicle rollover caused by an alleged tire failure. The tire failure can be traced to improper manufacturing causing an "adhesion-cohesion" failure.
The accident happened in 2002 but the trial was delayed by an interim appeal over expert testimony, which was argued and won by our Appellate Partner, Paul Rheingold. In that appeal decision dated February 17, 2011, the court stated about our expert :
"Ochs's experience and expertise in the tire industry field is undisputed... [H]e was able to exclude the common potential causes of tread separation failure other than a manufacturing defect - specifically mounting damage, alignment damage, improper repair, improper storage, age of the tire, operation in excess of the tire's speed rating and overdeflection - and set forth his reasoning. In addition, his inspection eliminated all of the possible causes of tread separation as set forth by the Tire Institute of America in its passenger and light truck tire conditions manual. Ochs testified at his deposition that he was unaware of any other industry-recognized causes of tread separation that he had not examined and excluded. Significantly, in response, Dunlop did not identify any additional causes not considered by Ochs."
Our trial team members will update us as the trial continues. As there have been no firm settlement offers from the defendants, we are heading to trial "full steam ahead"!