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From Products Liability Law Daily, November 18, 2016

Continental Tire settles tread separation claims

By Leah S. Poniatowski, J.D.

Continental Tire the Americas, LLC entered into confidential settlements with the representatives of four individuals involved in an automobile accident allegedly caused when the tread of a tire separated while the automobile was being driven. The court entered orders approving the settlements in all four actions (Edwards v. Continental Tire the Americas, LLC ; Provence v. Continental Tire the Americas, LLC ; Faust v. Continental Tire the Americas, LLC ; Crowder v. Continental Tire the Americas, LLC , November 17, 2016, Childs, J.).

According to the complaints filed on behalf of the driver, the adult passengerthe minor child, and the infant, the tread of a General Ameri GS60 tire separated and caused the driver to lose control of the vehicle. The vehicle overturned several times and the driver, the adult passenger, and the infant ultimately perished as a result of their injuries. The fourth passenger, a 12-year old, was physically and psychologically injured. The complaints alleged that the actions of Continental and three other defendants were negligent and reckless, and that these actions were the proximate cause of the accident. Specific to Continental, the complaints alleged that the company was negligent in the manufacture and design of the tire, in its failure to warn owners, and in its failure to inform tire dealers and service technicians of the dangers of tire aging.

In all four actions, Continental admitted that it manufactured the tire at issue but denied that its actions were negligent or reckless, or that the tire was defective. Continental, in the interest of compromise, agreed to pay a confidential settlement amount to each as full and final settlement of all claims arising from the injuries resulting from the accident. The court concurred with the representatives that the proposed settlements were fair and just. Additionally, the court approved the legal fees and costs presented by all of the attorneys representing the injured parties.

The cases are 5:14-v-04567-JMC5:15-v-02829-JMC5:15-v-02831-JMCNos. 5:15-v-02827-JMC.

Attorneys: Austin Howell Crosby (Peters Murdaugh Parker Eltzroth and Detrick, PA) for Esha R. Crowder. Matthew E. Tillman (Womble Carlyle Sandridge & Rice LLP) and Douglas E. Horelick (Clyde & Co US LLP) for Continental Tire The Americas LLC. Clarke W. Dubose (Haynsworth Sinkler Boyd, P.A.) for Cossi Holdings LLC d/b/a Speedee Oil Change and Auto Service and Speedee Worldwide Corp. d/b/a Speedee Oil Change and Auto Service.

Companies: Continental Tire the Americas LLC; Cossi Holdings LLC d/b/a Speedee Oil Change and Auto Service; Speedee Worldwide Corp. d/b/a Speedee Oil Change and Auto Service

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