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Son of deceased reaches settlement with Goodyear/Dunlop Tire
Tire Tread Separation – Defective Tire
Goodyear/Dunlop GrandTrek Tire Lacked Basic Design Elements Causing Catastrophic Tread Separation
Case: Bryan Maglitto, Wrongful Death Beneficiary of Tony Maglitto v. Goodyear Dunlop Tires North America, Ltd. And the Goodyear Tire and Rubber Company, Civil Action No. 4:07-cv-00828
Court: In the United States District Court for the Southern District of Texas, Houston Division
Judge: Honorable Vanessa Gilmore
Date: July 3, 2005
Plaintiff Attorneys: Chad D. Points and Tony Denena, Denena & Points, PC, Houston, Texas
Defense Attorneys: Andrew F. Spalding, Ileana M. Blanco, Nell F. Connally, Bracewell & Giuliani
FACTS & ALLEGATIONS. Plaintiff Bryan Maglitto is the son of the late Tony Maglitto who was killed when the vehicle in which he was a back seat passenger suffered a catastrophic tread separation and rolled over. Tony’s brother was driving a Toyota Tundra pick-up truck outfitted with original equipment Dunlop TG35 P265/70R16 Grad Trek tires. While the brothers were driving west on Interstate 10 in Baytown, Harris County, Texas the left rear tire lost its tread causing the vehicle to become uncontrollable, leave the roadway and roll over. Tony Maglitto was ejected from the Tundra pick-up and died from the injuries he sustained upon hitting the ground.
Bryan sued Goodyear/Dunlop alleging design defects existed in the tire that caused the tire to lose its tread. Specifically, the tire lacked a nylon wrap around the treads of the tire and did not have belt edge wedges. Several other Grand Trek tires were manufactured with these safer alternative designs that would have prevented the tread separation in this particular tire.
Defendant Goodyear/Dunlop claimed the tire was not defective.
Several depositions were taken in the case including Goodyear corporate representatives. There were other plaintiffs in the case represented by other lawyers. Those lawyers chose Chad to handle all corporate representative depositions because of his knowledge and experience with tire tread separation cases.
The tire company filed two motions with the court to keep our liability experts from testifying. Again, the other plantiff lawyers in the case chose Chad to brief and then argue the issues to the court. Both motions to strike our experts were denied by our trial judge.
INJURIES/DAMAGES. Death. Tony died from the injury to his brain and chest trauma.
RESULT. Chad negotiated the case on Brian’s behalf at mediation and then for two weeks after mediation. Once settlement was reached the tire company requested confidentiality as to the amount of the agreement which was granted.
Plaintiff Experts: Micky G. Gilbert, P.E., accident investigation and reconstruction, Golden, CO.; Dennis Carlson, P.E., tire analysis and design, Tucson, AZ; Larry Namias, Ph.D., psychiatric evaluation
Defense Experts: The tire company settled before it was forced to disclose experts.