Suit filed against Continental Tire and Al Packer Ford for faulty tires that cause catastrophic truck crash on Florida Turnpike
- Tires were Firestone replacements chosen by Ford to prevent rollovers -
July 15, 2002 (WEST PALM BEACH, Fla.) - It was another normal working day on October 31, 2001 for Fremond Jean Baptiste, John E. Mackin, Jr. and Charles H. Peirre-Louis, all employees of Environmental Care, Inc. of West Palm Beach. Peirre-Louis was traveling north on the Florida Turnpike with his passenger, Baptise, following colleague Mackin and another co-worker in company - leased Ford manufactured trucks.
The Ford truck that Peirre-Louis was operating was equipped with General American tires 550AS, P235/70R16104S - a 2 ply sidewall polyester cord, 2 ply/2ply steel. The tire is manufactured by Continental for Ford Motor Company. Ford used this tire as a replacement for 13 million Firestone tires it had recalled.
Environmental Care company policy mandated safety belts be used, thus all drivers and passengers would be "buckled up." While the two trucks were traveling northbound on the Florida Turnpike, at approximately 9:30 a.m. on a dry sunny morning, the left rear tire of the truck driven by Peirre-Louis suddenly experienced tread-belt separation and a tire blow out. Peirre-Louis lost control of the truck which rolled over.
John Mackin saw the accident occur in his rear view mirror and he immediately went back to the scene. Upon arriving, he was horrified to find that the truck caring Baptiste and Peirre-Louis had turned over and was resting on the passenger side near a canal imbedded in mud and water. Mackin found Baptiste pinned under the truck on the passenger side. Peirre-Louis, the driver, had escaped but was injured. Fearing that Baptiste was being crushed to death, Mackin lifted the truck off Baptiste with his bare hands and in so doing he ruptured several discs in his back.
As a result of the tire failure, Fremond Jean Baptiste suffered catastrophic injuries. John E. Mackin, Jr. also suffered serious injuries in his effort to save Baptiste' life. Police reports show that the vehicles were properly operated and that the drivers used due caution. However, "it was the tires that caused these life-altering injuries," stated Ed Ricci, of Ricci~Leopold, P.A., attorneys for the plaintiffs.
"This is the tire that Ford chose to replace over 13 million Firestone tires," said Ted Leopold, co-counsel. "We have recently learned that the National Highway Traffic Safety Administration (NHTSA) is investigating only this particular tire that Ford used as replacements on trucks and sport utility vehicles." In an article in the July 25, 2001 edition of the Detroit Free Press, NHTSA reported that there were no less than 338 claims of tread separation out of the approximately 2.7 million Ameri550 tires produced since 1995. That would equal a tread-separation claim rate of approximately 124 per million. "By industry standards, that is far and above any of the other replacement tires Ford used in its recall program," stated Ricci. "These tires are now linked to a number of serious traffic accidents, including incidents of rollovers, and dozens of injuries to drivers operating vehicles in a safe manner."
"The manufacturer of both the tire and the vehicle knew of defects when these tires were placed into the stream of commerce. Today, Mr. Baptiste and Mr. Mackin and their families are suffering not only physically, but are also suffering financially. This case not only addresses their injuries and losses, but in general the safety surrounding Continental Tires" said Leopold. "At this juncture the case is not only about providing for two seriously injured people, but brings into question the tires we are driving on, in vehicles with children, families, loved ones and friends, let the buyer beware is what these companies seem to be saying," concluded Ricci.
Edward M. Ricci and Theodore J. Leopold are two of the partners in the law firm of Ricci~Leopold, P.A. The firm founded in 1982, has six attorneys and is headquartered in West Palm Beach, Florida, with offices located at 1645 Palm Beach Lakes Boulevard. Additional information about Ricci~Leopold, P.A. may be obtained from the firm's website at www.riccilaw.com. A copy of the complaint is available on the firm's website under "News, Updates & Newsletter"/"Legal Updates & Complaints" - Title of complaint: Fremond Jean Baptiste, et al. vs. Continental Tire North America, Inc. et al.
