Congratulations to attorneys Robert Simon and Daniel O’Leary as well as their client on this tremendous settlement and verdict. Their client, Mario Olguin, purchased a set of used tires, including a 13-year old Michelin, from A-Car Wrecking Salvage Lot. Mr. Olguin then took the tires to Twin’s Tires and Wheels who installed them on his vehicle. Eleven days later while Mr. Olguin was a passenger in the vehicle traveling in Mexico, the tread on the Michelin tire separated causing the driver to lose control and the vehicle to roll over.
The plaintiff suffered numerous injuries including a C2 spinal fracture, mild traumatic brain injury as well as significant wounds to his head and arms. He was hospitalized, placed in a halo brace and underwent skin grafting for the wounds. He received epidural and nerve-block injections but continues to suffer chronic pain in his neck and back. Mr. Olguin also suffers from depression, mood disorder and cognitive problems. His past medical expenses totaled approximately $307,000. His future medicals and life-care costs are estimated at $1.5MM. At the time of the accident, plaintiff owned and operated a landscaping business. He returned to work in a different capacity and there was no claim for lost wages.
Litigation was filed against A-Car and Twin’s Tire and Wheels alleging the companies were negligent in selling and installing a tire that was 13 years and showed signs of weather cracking. Plaintiff also sued Michelin North America, Inc. who designed the tire. Michelin argued that it recommends that its tires be removed from service after seven years and that the tire had in fact been removed from service when it was sold by the salvage lot. Plaintiff settled with Michelin prior to trial for a confidential amount and with A-Car Wrecking Salvage Lot for $800,000.
The case proceeded to trial against Twin’s Tire. The verdict included a finding that Twin’s Tire was 100% at fault and awarded $7.9MM to Mr. Olguin.
Mr. Simon and his twin brother Brad are principals in The Simon Law Group and handle all types of personal injury cases. To review more of their outstanding case results, click here. The Law Office of Daniel M. O’Leary represents injured citizens throughout California with an emphasis on automotive product liability.
Advocate Capital, Inc. is proud to support trial lawyers like Bob Simon and Dan O’Leary and the important work they do on behalf of injured citizens everywhere.
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