Date: Sun, 15 Mar 2009 10:05:12 -0700
Reply-To: Roger Whittaker <rogerwhitt1@GMAIL.COM>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Roger Whittaker <rogerwhitt1@GMAIL.COM>
In-Reply-To: <2d5213e00903150923t5c27ea39i5ae7789a47a46b84@mail.gmail.com>
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interesting stuff ... but i dont see any cites
where did this information come from
thanks
On Sun, Mar 15, 2009 at 9:23 AM, Bernie <berniej@gmail.com> wrote:
> ". 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
>
--
roger w
From Proverbs:
Under three things the earth trembles, under four it cannot bear up: a
servant who becomes king ...
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