Articles Posted in Tire Defect Litigation

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Elwood Breaux Jr. was working for Plaquemines Parish when the “zipper failure” occurred, the name for a long sidewall rip with protruding metal reinforcement. With air escaping from the tire, Breaux was thrown backward and severely injured. He died 28 days after this occurrence on Feb. 5, 2014 of massive internal injuries to his chest and abdomen caused by the exploded tire. This case was tried before a judge in the Louisiana state district court.

The judge calculated damages to Breaux, his five children and his wife, at $6.7 million, saying about $481,000 of that will reimburse the parish for the workers’ compensation lien.

Louisiana state law will return some of that to the family’s share and judicial interest or add at least $1.4 million to the total. Attorney Danny Meeks represented the Breaux family in this tragic case.

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Mario Olguin, 51, bought a used set of mismatched tires, including a 13-year-old Michelin tire from A-Car Wrecking Salvage Lot.  Olguin took the tires to Twin’s Tires and Wheels, where the tires were installed on his vehicle. Eleven days later and while Olguin was a passenger in the vehicle, a tread on a Michelin tire separated. The Olguin party was traveling on a highway in Mexico. The driver lost control of the vehicle, which caused it to roll over.

Olguin suffered a spinal fracture at C2, a mild traumatic brain injury and significant wounds to his head and both arms. He was taken to a hospital in Mexico where he was placed in a halo brace and underwent skin grafting for his wounds. He also underwent an epidural and nerve-block injections for pain. Olguin still suffers pain in his neck and back. He also suffers from depression, mood disorder and cognitive problems that affect his decision-making and thought-processing skills. 

Once spontaneous and independent, Olguin now relies on his family for everything. His past medical expenses totaled nearly $307,000. His future medical expenses and life-care costs are estimated to be $1.5 million. At the time of this incident, Olguin owned and operated a landscape company. He has returned to work in a different job. There were no claims for lost earnings.  Olguin sued A-Car and Twin’s Tires and Wheels claiming that the companies were negligent in selling and installing a tire that was 13 years old and showed signs of weather cracking.

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