Salt Lake City – A settlement totaling $1,500,000 was reached for various family members who were injured when a tire failed on their vehicle. The tire separated as the family was traveling on the freeway, resulting in the vehicle going out of control and rolling over in the ditch. The accident caused the death of a 62-year-old wife and mother, and significant scarring on the arms of the adult female driver. Six (6) minor children who were passengers in the vehicle also suffered injuries ranging from a severely fractured hand and a pelvic fracture, to a broken arm and road rash.
Eisenberg, Cutt, Kendell & Olson filed suit against the manufacturer of the tire. An investigation revealed that the tire had failed because of a failure to adequately bond the inner layers of the tire. The firm worked with expert consultants to have an X-ray taken of the inner portions of the tire to graphically show this unintended internal separation.
The Defendants’ position was that the driver’s speed and a failure to wear seat belts had been the cause of the various injuries. However, our law firm was able to show, through its investigation, that the tire was the sole cause of the accident. Additionally the firm convinced the court to enforce a Utah law that states that evidence of seat belt use, or the lack of use, is not admissible in court. These combined factors allowed the firm to turn the case around and obtain a settlement that was divided amongst the family members The firm then worked with each family member to set up individual investment plans so each of them, especially the children, will all have the ability to pursue a college education or jump-start their life when they become adults. Attorneys Bob Gilchrist and Dave Cutt were the primary attorneys who worked on the case for the firm.