Skip to main content
Sister Publication Links
  • Rubber News
  • European Rubber Journal
Subscribe
  • Login
  • Register
  • Subscribe
  • Current Issue
  • BEST PLACES TO WORK
  • News
    • HUMANITARIAN
    • TIRE MAKERS
    • COMMERCIAL TIRE
    • GOVERNMENT & LAW
    • MERGERS & ACQUISITIONS
    • OBITUARIES
    • OPINION
    • MID YEAR REPORT
    • SERVICE ZONE
  • ADAS
  • Data
    • DATA STORE
  • Custom
    • SPONSORED CONTENT
  • Resources
    • Events
    • DIRECTORY
    • CLASSIFIEDS
    • SHOP FLOOR
    • AWARDS
    • ASK THE EXPERT
    • LIVESTREAMS
    • WEBINARS
    • SEMA LIVESTREAMS
    • RUBBER NEWS EVENTS
    • BALANCING
    • DEMOUNTING
    • SAFETY
    • TIRE REPAIR
    • TPMS
    • TRAINING
    • VEHICLE LIFTING
    • WHEEL TORQUE
    • Best Places to Work
  • ADVERTISE
  • DIGITAL EDITION
MENU
Breadcrumb
  1. Home
  2. News
July 12, 2018 02:00 AM

Federal judge denies Hankook motion in product liability case

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

    RICHMOND, Va. — A federal judge in Richmond found "unpersuasive" the arguments of Hankook Tire Co. Ltd. and Hankook Tire America Corp. that they should be allowed a new trial in a product liability case involving a judgment of nearly $38 million against Hankook.

    However, the judge did find that the trial jury had miscalculated the damage awards in the case, and revised them slightly downward, from $37,835,000 to $37,768,000.

    The jury before the U.S. District Court for the Eastern District of Virginia handed down the original award March 9, 2018.

    On Nov. 14, 2014, Robert Benedict was driving a 2007 Kenworth T800 cement mixer truck in Richmond. The right front steer tire, a Hankook Aurora TH08 radial size 425/65 R22.5, allegedly lost its tread and outer steel belt, causing the vehicle to hit an embankment and roll over, according to the complaint Benedict file in July 2017. Benedict suffered a spinal cord injury that left him paraplegic, the document said.

    Benedict's complaint alleged that the Hankook tire had insufficient halobutyl in its inner tire compound to prevent oxygen from leaking into other components of the tire, weakening those components and causing the tread and belt separation.

    In a motion filed April 6, 2018, Hankook asked the Eastern Virginia court for judgment as a matter of law—meaning the plaintiff did not sufficiently prove his case—or, barring that, a new trial.

    "The overwhelming weight of evidence demonstrated that no negligent manufacturing defect caused the subject tire's failure," Hankook argued.

    Hankook manufactured the tire nine years before the accident, and it suffered a significant road hazard impact fewer than 200 miles before the accident occurred, the tire maker said.

    In his July 9 ruling, Judge Robert E. Payne denied Hankook's motion for either judgment as a matter of law or a new trial.

    Payne noted that experts for Benedict and Hankook disagreed on the cause of the tire failure. "This is a classic 'battle of the experts' situation, and the court cannot find that the jury's decision to believe one expert over another was against the clear weight of the evidence," he wrote.

    However, Payne did find that the jury's calculation of the damage award to Benedict was about $68,000 too high. He ruled that he would grant a new trial to Hankook only if Benedict refused the lower award. Benedict agreed to it July 10, the day after Payne's ruling.

    "While we thank the judge for his consideration, we respectfully disagree with his denial of our request for a new trial," Hankook said in a statement.

    Hankook said it would appeal the original jury verdict. It declined further comment, because the case is ongoing.

    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].

    Most Popular
    1
    Goodyear to trim jobs amid 'uncertain' economic outlook
    2
    Goodyear to upgrade Cooper plant in China
    3
    Executives on the move: Hankook promotes key U.S. positions
    4
    Our View: Early look at tire industry in 2023
    5
    Yokohama secures OE fitments on 2023 Prius models
    SIGN UP FOR NEWSLETTERS
    EMAIL ADDRESS

    Please enter a valid email address.

    Please enter your email address.

    Please verify captcha.

    Please select at least one newsletter to subscribe.

    Newsletter Center

    Staying current is easy with Tire Business delivered straight to your inbox.

    SUBSCRIBE TODAY

    Subscribe to Tire Business

    SUBSCRIBE
    Connect with Us
    • Facebook
    • LinkedIn
    • Twitter
    • Instagram
    • 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.

    Reader Services
    • Staff
    • About Us
    • Site Map
    • Industry Sites
    • Order Reprints
    • Customer Service: 877-320-1716
    Partner Sites
    • Rubber News
    • European Rubber Journal
    • Automotive News
    • Plastics News
    • Urethanes Technology
    RESOURCES
    • Advertise
    • Privacy Policy
    • Privacy Request
    • Terms of Service
    • Media Guide
    • Editorial Calendar
    • Classified Rates
    • Digital Edition
    • Careers
    • Ad Choices Ad Choices
    Copyright © 1996-2023. Crain Communications, Inc. All Rights Reserved.
    • BEST PLACES TO WORK
    • News
      • HUMANITARIAN
      • TIRE MAKERS
      • COMMERCIAL TIRE
      • GOVERNMENT & LAW
      • MERGERS & ACQUISITIONS
      • OBITUARIES
      • OPINION
      • MID YEAR REPORT
      • SERVICE ZONE
    • ADAS
    • Data
      • DATA STORE
    • Custom
      • SPONSORED CONTENT
    • Resources
      • Events
        • ASK THE EXPERT
        • LIVESTREAMS
        • WEBINARS
        • SEMA LIVESTREAMS
        • RUBBER NEWS EVENTS
      • DIRECTORY
      • CLASSIFIEDS
      • SHOP FLOOR
        • BALANCING
        • DEMOUNTING
        • SAFETY
        • TIRE REPAIR
        • TPMS
        • TRAINING
        • VEHICLE LIFTING
        • WHEEL TORQUE
      • AWARDS
        • Best Places to Work
    • ADVERTISE
    • DIGITAL EDITION