Skip to main content

Breaking News

Breaking News
Cooper expects JV plant in Vietnam to be producing truck tires by ‘early 2020'
Close
Sister Publication Links
  • Rubber & Plastics News
  • European Rubber Journal
tb-logo
Subscribe
  • Login
  • Register
  • Subscribe
  • News
    • AUTO INDUSTRY
    • BUSINESS/FINANCIAL
    • COMMERCIAL TIRE
    • FACTORY FIXES
    • GOVERNMENT & LAW
    • INTERNATIONAL
    • MOTOR SPORTS
    • NEW PRODUCTS
    • RETAIL TIRES
    • SERVICE ZONE
    • SEMA/AAPEX
    • SMALL BUSINESS
    • TIRE MAKERS
    • SPONSORED CONTENT
    • American Guardian expands F&I online industry training
      Cold temperatures may impact GM's power steering assist
      Front brake linings may be reason for Lexus' brake pulsation
      Jeep Patriot, Compass may need a strut replacement
    • GM's new processing center means fast service parts to dealerships
      Dunlop Aircraft Tyres evaluating Indonesia as potential manufacturing site
      Goodyear to supply intelligent tires to delivery fleet in Europe
      Trelleborg launches major restructuring program; tire/wheel business unaffected
    • Yokohama launches 114R UWB regional-haul trailer tire
      Denray Tire converts retread to Michelin RT process in western Canada
      Dunlop Aircraft Tyres evaluating Indonesia as potential manufacturing site
      Goodyear to supply intelligent tires to delivery fleet in Europe
    • S.C. targeting illegal tire dumps via 'See it/Report it' campaign
      USTMA calls on all stakeholders to help raise scrap tire recovery rate
      NFIB holding webinar Dec. 4 on new federal overtime rule
      ETRMA backs revised EU tire labeling text
    • Denray Tire converts retread to Michelin RT process in western Canada
      Dunlop Aircraft Tyres evaluating Indonesia as potential manufacturing site
      Goodyear to supply intelligent tires to delivery fleet in Europe
      Nexen donates meals, tires to Cityzens Giving soccer program
    • Hankook to supply German touring car series' DTM Trophy ‘feeder series'
      Americas Rallycross folds after 2 seasons
      Australia's Supercars series renews tire supply deal with Goodyear/Dunlop through 2024
      BKT extends Monster Truck sponsorship deal through 2026
    • Yokohama launches 114R UWB regional-haul trailer tire
      Conti offering ag tire pressure/load calculating app
      Sentury custom Jeep highlights Landsail Rogueblazer tires
      Yokohama adds winter fitment to grader tire line
    • Cold temperatures may impact GM's power steering assist
      Front brake linings may be reason for Lexus' brake pulsation
      Jeep Patriot, Compass may need a strut replacement
      Lubricant may fix HVAC control panel noise on Ford, Lincoln models
    • Cold temperatures may impact GM's power steering assist
      Front brake linings may be reason for Lexus' brake pulsation
      Jeep Patriot, Compass may need a strut replacement
      Lubricant may fix HVAC control panel noise on Ford, Lincoln models
    • Sentury custom Jeep highlights Landsail Rogueblazer tires
      view gallery
      25 photos
      Photos: A look back at 2019 SEMA, APPEX Shows
      Detore: Assessing the glitz, glamour of SEMA
      AAPEX eyes tire service as part of Repair Shop HQ at 2020 show
    • NFIB holding webinar Dec. 4 on new federal overtime rule
      Tennessee couple named Milex franchisees of the year
      Fight the battles to win the war
      Industry challenges stubbornly persist decades later
    • Yokohama launches 114R UWB regional-haul trailer tire
      Sentury custom Jeep highlights Landsail Rogueblazer tires
      USTMA calls on all stakeholders to help raise scrap tire recovery rate
      Apollo enters Saudi Arabian market via tie-in with local distributor
  • Opinion
  • Multimedia
    • VIDEOS
    • PHOTOS
    • PODCASTS
  • Events
    • LIVESTREAMS
    • WEBINARS
    • SEMA LIVESTREAMS
  • Data
    • DATA STORE
    • DIRECTORY
  • ADVERTISE
  • Classifieds
  • DIGITAL EDITION
MENU
Breadcrumb
  1. Home
  2. News
April 13, 2015 01:00 AM

Cooper sued for accident

Miles Moore
  • Tweet
  • Share
  • Share
  • Email
  • More
    Print

    MARSHALL, Texas—Two Texas families have sued Cooper Tire & Rubber Co. in a federal court in Marshall, accusing the company of strict liability and negligence in a 2012 accident that killed five.

    Federico Esquivel Acuna was driving a 2003 GMC Envoy with 11 passengers westbound on Interstate 20 near Marshall on Aug. 20, 2012. The GMC Envoy's seating capacity is listed as five.

    The vehicle's right rear tire—a Cooper Discoverer ATR, size 245/65R17—suffered an alleged tread belt separation, causing the driver to lose control. The vehicle rolled over and hit a road sign, according to the suit filed Dec. 3, 2014, in the U.S. District Court for the Eastern District of Texas, Marshall Division.

    The tire's DOT code, DOT number UT15 C8E 1508, indicates it was built at Cooper's plant in Texarkana, Ark., in the 15th week of 2008.

    The suit is filed on behalf of two families: Federico Esquivel Acuna and Estela Martinz Torres, and Isaias Jaimes and Elida Torres.

    Mr. Acuna and all 11 passengers were injured, according to the suit, and five of them—the Acunas' children Yulisa and Saideth Acuna and Rosbelia, Omar and Yurid Jaimes, children of plaintiffs Isias Jaimes and Elida Torres—died from injuries.

    “Technologically and economically feasible alternative designs existed that would have prevented or significantly reduced the risk of injury without substantially impairing the utility of the product,” the complaint said.

    Mr. Acuna and the other surviving passengers are entitled to wrongful death and personal injury damages, according to the suit, as well as bystander damages for witnessing the deaths of their children and siblings.

    In its Dec. 23 reply brief, Cooper said that 10 of the 12 people in the vehicle, including nine children, were not wearing seat belts or any other restraints and were ejected from the vehicle.

    The Findlay, Ohio-based tire maker also said the failed tire on Mr. Acuna's vehicle complied with all federal safety standards and that it was “materially altered” subsequent to the time it left the control of Cooper, “such material alteration being the sole cause and/or contributing cause of any harm and/or damages claimed by plaintiffs.”

    Cooper did not elaborate on what the “material alteration” was. Neither the families' suit nor Cooper's initial response mentions where the tire was bought.

    “The accident, the injuries and/or the harm made the basis of this civil action was caused by the negligence of a third party, or third parties, over whom Defendant Cooper had no control,” Cooper's reply brief said.

    The plaintiffs are seeking damages “in excess of the minimum jurisdictional limits” of the court, a sum identified by Cooper as $75,000.

    Sico White Hoelscher Harris & Braugh L.L.P. of Corpus Christi, Texas, is representing the plaintiffs.

    Letter
    to the
    Editor

    Do you have an opinion about this story? Do you have some thoughts you'd like to share with our readers? Tire Business would love to hear from you. Email your letter to Editor Don Detore at [email protected].

    SIGN UP FOR FREE NEWSLETTERS
    EMAIL ADDRESS

    Please enter a valid email address.

    Please enter your email address.

    Please select at least one newsletter to subscribe.

    Newsletter Center

    Staying current is easy with Tire Business delivered straight to your inbox, free of charge.

    SUBSCRIBE TODAY

    Subscribe to Tire Business

    SUBSCRIBE
    Connect with Us
    • Facebook
    • LinkedIn
    • Twitter
    • RSS

    Our Mission

    Tire Business is an award-winning publication dedicated to providing the latest news, data and insights into the tire and automotive service industries.

    tb-logo
    Reader Services
    • Contact Us
    • About Us
    • Site Map
    • Industry Sites
    • Order Reprints
    • Customer Service: 877-320-1716
    Partner Sites
    • Rubber & Plastics News
    • European Rubber Journal
    • Automotive News
    • Autoweek
    • Plastics News
    • Plastics & Rubber World
    • Plastics News Europe
    • Plastics News China
    • Urethanes Technology
    • LSR World
    RESOURCES
    • Advertise
    • Classified
    • Wholesale Tire Directory
    • Privacy Policy
    • Terms of Service
    • Media Guide
    • Ad Rates/Specs
    • Editorial Calendar
    • Clasified Rates
    • List Rental
    • Digital Edition
    • Ad Choices Ad Choices
    Copyright © 1996-2019. Crain Communications, Inc. All Rights Reserved.
    • News
      • AUTO INDUSTRY
      • BUSINESS/FINANCIAL
      • COMMERCIAL TIRE
      • FACTORY FIXES
      • GOVERNMENT & LAW
      • INTERNATIONAL
      • MOTOR SPORTS
      • NEW PRODUCTS
      • RETAIL TIRES
      • SERVICE ZONE
      • SEMA/AAPEX
      • SMALL BUSINESS
      • TIRE MAKERS
      • SPONSORED CONTENT
    • Opinion
    • Multimedia
      • VIDEOS
      • PHOTOS
      • PODCASTS
    • Events
      • LIVESTREAMS
      • WEBINARS
      • SEMA LIVESTREAMS
    • Data
      • DATA STORE
      • DIRECTORY
    • ADVERTISE
    • Classifieds
    • DIGITAL EDITION