Tire fell off car after service, causing head-on crash — $425,000 settlement

Type of action: Personal injury

Injuries alleged: Mild traumatic brain injury, resolved mild cognitive impairments, tinnitus/hearing loss, impaired vision, PTSD, anxiety, depression and minor knee and spine pain

Court: Chesterfield County Circuit Court

Name of judge or mediator: Michael E. Harman

Special damages: $66,000 plus medical expenses

Verdict or settlement: Settlement

Amount: $425,000 (plus $20,600 in medpay)

Attorney for plaintiff: Craig B. Davis, Richmond

Description of case: The plaintiff’s fiancé, a physician, took his 1991 Mercedes to the defendant tire and auto repair shop to have all four tires replaced. That evening, the fiancé picked up his vehicle and drove it approximately eight miles to his home. The following day, the plaintiff followed her fiancé as he drove the Mercedes to a different repair shop. After five miles, the left rear wheel/tire of the Mercedes disengaged from the vehicle and bounced into the oncoming lane of traffic. The airborne tire struck the windshield of an oncoming vehicle, causing it to veer to the left and collide head-on with the plaintiff. The plaintiff sued the repair shop and the installer.

The wheel/tire was discarded before the plaintiff retained counsel, and the lug bolts could not be found at the scene. Plaintiff’s two liability experts — a PhD and a local inspector for the state police — both opined that the wheel could not have disengaged if the defendants properly installed the tire. Based on a technical service bulletin, or TSB, for the exact Mercedes found by the local inspector, there was a risk of the wheel disengaging if specific precautions were not followed when changing a tire. The installer admitted not using precautions outlined in the owner’s manual or the TSB. The owner admitted not subscribing to the TSB service or being familiar with the risks it outlined. The proximate cause defense focused on the elapsed time between picking up the vehicle and the accident and the missing wheel and lug bolts.

The plaintiff had to be extracted from her vehicle. Her fiancé confirmed a prolonged period of altered mental status, and she experienced anterograde and retrograde amnesia. Diagnosed with a concussion in the ER, she was referred to a neurologist and neuropsychologist. Testing revealed mild cognitive impairments, PTSD, depression and anxiety. The plaintiff was released from counseling after 18 months with only mild residual memory impairments. The plaintiff developed post-traumatic headaches and an aggravation of pre-existing migraines. Her neurologist felt she had returned to baseline 30 months after the accident. The plaintiff’s visual disturbances improved with the use of prism glasses. The plaintiff reported ongoing tinnitus and impaired hearing, although prior records revealed similar complaints.

Plaintiff’s law firm provided case information.

[023-T-082]