Estate of Lucio Becerra Parada et al. v. The Goodyear Tire and Rubber Company et al.
Plaintiffs filed a wrongful death lawsuit in San Bernardino Superior Court against Defendant Goodyear, who removed the matter to United States District Court, alleging two causes of action for negligence and product liability for the wrongful death of Lucio Becerra Parada in a single vehicle accident while driving southbound on the Interstate 15 when a left rear tire became disabled, resulting in the vehicle losing control and rolling before coming to a stop. California Highway Patrol investigated the accident, and following release of the vehicle to the insurer, the vehicle and the subject tire were not preserved. Accordingly, the only information known about the subject tire was obtained from photos taken at the accident scene, which did not include the tire’s DOT number reflecting the place and date of manufacture. Plaintiffs alleged that the tire was purchased in Mexico a few days before the incident.
Defendant Goodyear moved for summary judgment on the grounds that it was impossible for Plaintiffs to establish that the tire was defective or that any defect caused or contributed to their injuries, based on Plaintiffs’ failure to preserve the tire for forensic inspection. The Court agreed and granted summary judgment in Goodyear’s favor.