Date:         Sun, 15 Mar 2009 09:23:53 -0700
Reply-To:     Bernie <berniej@GMAIL.COM>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Bernie <berniej@GMAIL.COM>
Content-Type: text/plain; charset=ISO-8859-1

". The Mordens pursued both negligence and strict liability claims against
Continental for the testing, design, and manufacture of the rear tires. The
Mordens also sought recovery from VW, the manufacturer of the Vanagon, Ernie
von Schledorn Imports, Inc. (EvS), the dealer that serviced the Vanagon, and
Mr. P's Ideal Tire Corp. (Mr. P's), the retailer that sold the tires to the
Mordens. Less than two weeks before the jury trial began, the Mordens
reached an agreement with VW, under which the Mordens received a settlement
of $500,000 in exchange for a covenant not to sue VW.

¶4. After a four-week trial, the jury unanimously found Continental
negligent in the design or manufacture of the tires. It also determined that
Continental was strictly liable for producing tires that were unreasonably
dangerous. The circuit court, however, found the strict liability verdict
defective because the same 10 jurors did not agree on answers to the
questions relating to strict liability and damages. The jury also concluded
that Christine Morden was negligent in the operation of the vehicle and that
her negligence was a cause of the accident. Although the jury decided that
Thomas Morden was negligent in the maintenance or selection of the tires, it
answered that Thomas Morden's negligence was not a cause of the accident.
The jury determined that Mr. P's and EvS were not negligent. The jury did
not hear evidence about the covenant-not-to-sue agreement with VW, and
therefore the court submitted no question about VW's negligence to the jury.
The jury awarded $10,467,408 in damages to Christine Morden and $1,237,830
to Thomas Morden. It also apportioned 50 percent of the causal negligence to
Continental and the other 50 percent to Christine Morden."

The tires in question were Continental 215/70 snow and mud.
Christin Morden became  a quad in this accident.
I again quote from court records:

The rear tires that blew out on Interstate 75 were Continental mud and snow
tires that Thomas Morden purchased from Mr. P's in November 1989, about one
and one-half years before the accident. Previously, Michelin tires were
mounted on the rear wheels of the Mordens' vehicle. Morden read the
Vanagon's Owner's Manual, which instructed owners to purchase tires with the
same specifications when making replacements. In fact, Morden had worked as
a VW mechanic at two different dealerships during the early 1970s. Thomas
Morden was not able to locate the same type of Michelin replacement tires.
When Morden acquired the Continental tires, he knew that they were bigger
than what the Owner's Manual recommended, but he testified that he was "told
they would work." Thomas Morden also explained that he thought he "was
getting a bigger, stronger tire that would work on the back of the car."
-- 
Bernie

"To awaken quite alone in a strange town is
one of the pleasantest sensations in the world."
 Freya Stark