Confidential Settlement with Cooper Tire and Rubber Company and DaimlerChrysler Corporation
Judge: Case resolved prior to suit being filed.
Court: State of Arizona
Mohave County
Date of Resolution: January 2007
San Hoover vs. Cooper Tire & Rubber Company and DaimlerChrysler Corporation
Plaintiff Counsel:
Watts Law Firm, LLP from Corpus Christi, TX, By: Mr. Kevin Liles
Watts Law Firm, LLP from Corpus Christi, TX, By: Mr. Mikal C. Watts
Plaintiff Co-Counsel:
CGT International Group from Corpus Christi, TX, By: Mr. Douglas R. Gwyther, Jr.
Defendant Counsel:
Fulbright & Jaworski, LLP from San Antonio, TX, By: Mr. Steve D. Jansma, Counsel representing Cooper Tire & Rubber Company
Lewis and Roca, LLP from Phoenix, AZ, By: Mr. Foster Robberson, Counsel representing Cooper Tire & Rubber Company
Clark, Thomas & Winters, a P.C. from Austin, TX, By: Chris Pierson, Counsel representing DaimlerChrysler Corporation
Clark, Thomas & Winters, a P.C. from Austin, TX, By: Ms. Pamela McClain, Counsel representing DaimlerChrysler Corporation
Date & Venue of Accident:
June 23, 2005 on westbound on Interstate 40 near Lake Havasu City, Mohave County, Arizona
Plaintiff Information:
Sam Hoover (age 22); Meter Reader
Dan Hoover (age 49); Sam’s father
Kim Hoover (age 45); Sam’s mother
Type of case: Motor Vehicle
Plaintiff allegations:
On June 23, 2005 at approximately 6:40am, Sam Hoover, age 19, drove his 1997 Jeep Sport westbound on Interstate 40 near Lake Havasu City, Mohave County, Arizona. Mr. Hoover was properly belted as he proceeded along the highway within the posted speed limit when his left rear 2001 Dominator Radial A/S 31x10.50/R15 LT tire, manufactured by Cooper Tire and Rubber Company at its Texarkana, Arkansas facility, detreaded causing the driver to lose control of the vehicle. The vehicle rolled multiple times and came to rest on the driver’s side. Plaintiffs alleged that defects in the tire and defects in the vehicle both caused and/or contributed to Mr. Hoover’s injuries. As to the tire, Plaintiffs alleged that design and manufacturing defects caused the tire to detread, precipitating the loss of control. As to the vehicle, Plaintiffs alleged that the occupant restraint system failed to keep Mr. Hoover properly restrained allowing his head to come into contact with the roof and/or ground during the rollover. As a result of the rollover collision, Mr. Hoover suffered serious closed head injury.
Defendant’s allegations:
Cooper denies any defect existed in the subject tire, or that the tire disablement caused that loss of control. The subject tire had an improper repair. The subject tire had also been operated in a severely under-inflated state and exhibited impact damage.
Injury/Damages: Plaintiff, Samuel Hoover suffered the following injuries:
- Traumatic Brain Injury
- Left Orbital Fracture (bone around eye)
- Bilateral open mandibular (jaw bone) fracture
- Small Left Basal/Thalamus Contusion (bruised part of brain)
- Minimal Subarachnoid hemorrhage (bleed in brain)
Mr. Hoover received hospital treatment for 22 days immediately following the collision and then spent 9 days in a rehabilitation hospital. Mr. Hoover continues to receive treatment for his brain injury and the resulting psychological effects.
Insurance carrier:
Cooper Tire-self-insured
DaimlerChrysler-self-insured
Experts: The case resolved prior to expert disclosure
Special: Medical expenses of over $366,000.00
Result: Confidential Settlement