Kreisman Law Offices Professional Corporation
Mario Olguin, 51, bought a used set of mismatched tires, including a 13-year-old Michelin tire from A-Car Wrecking Salvage Lot. Olguin took the tires to Twin’s Tires and Wheels, where the tires were installed on his vehicle. Eleven days later and while Olguin was a passenger in the vehicle, a tread on a Michelin tire separated. The Olguin party was traveling on a highway in Mexico. The driver lost control of the vehicle, which caused it to roll over.
Olguin suffered a spinal fracture at C2, a mild traumatic brain injury and significant wounds to his head and both arms. He was taken to a hospital in Mexico where he was placed in a halo brace and underwent skin grafting for his wounds. He also underwent an epidural and nerve-block injections for pain. Olguin still suffers pain in his neck and back. He also suffers from depression, mood disorder and cognitive problems that affect his decision-making and thought-processing skills.
Once spontaneous and independent, Olguin now relies on his family for everything. His past medical expenses totaled nearly $307,000. His future medical expenses and life-care costs are estimated to be $1.5 million. At the time of this incident, Olguin owned and operated a landscape company. He has returned to work in a different job. There were no claims for lost earnings. Olguin sued A-Car and Twin’s Tires and Wheels claiming that the companies were negligent in selling and installing a tire that was 13 years old and showed signs of weather cracking.