Cooper Tire & Rubber Co. plans to appeal a verdict in an Iowa tread separation/van rollover case where the Polk County jury found the tire maker liable and ordered it to pay $32.8 million in damages.
Cooper claims the “facts show that this tire failed due to service-related conditions outside of the control of Cooper Tire.” The company blamed the tire's failure on a nail puncture—”The nail was still in the tire at the time of the accident,” it said—long-term underinflation operation and road-hazard impact.
The tire in question was a Cooper Lifeliner Classic II tire, according to the plaintiffs' attorneys.
“We have deep sympathy for those involved and wish to express our sincere condolences to the individuals and families impacted by this accident,” Cooper said. “However, we are disappointed with the outcome of this case and will file an appeal.”
The case involved a rollover crash Sept. 17, 2007, of a 1997 Plymouth Grand Voyager minivan that happened on Highway 65 between Des Moines and Marshalltown, Iowa.
The rollover ejected all seven passengers from the van, killing Assata Karlar and paralyzing Ivon Toe, according to court records.
According to the plaintiffs' attorneys, the jury found that Cooper Tire defectively designed and manufactured the Cooper Lifeliner Classic II tire, based on evidence presented at trial that showed a defect in the tire that allowed part of the steel belt to rust and weaken over time.
Jurors also heard evidence that despite safer alternatives, Cooper Tire executives delayed necessary changes in order to avoid additional costs of updating the tire's design, the attorneys said.
The bulk of the damages, $28.4 million, will go to Ms. Toe, who was rendered a quadriplegic. The jury's award includes $1.5 million in punitive damages.
The plaintiffs were on their way to their jobs at a Swift & Co. meat packing plant in Marshalltown when the accident happened. None of the passengers was wearing a seat belt, according to the Iowa State Patrol accident report.
The suit said the van's left rear tire had separated, causing the driver to lose control.
In its prepared statement, Cooper said it “firmly believes that this tire was not defective and that plaintiffs did not prove that any tire defect caused this accident.”
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