Michael Cowen of the Cowen Law Group has requested that the National Highway Traffic Safety Administration launch an investigation into a defective Chinese-made tyre recalled by one U.S. distributor, but not another distributor of the same tyre under a different brand name.
Cowen represents Krystal Cantu, 25, who suffered a permanent and disabling injury in an August 2, 2013 crash caused by a catastrophic tread separation. Cantu was a front-seat, belted passenger in a 2004 Ford Explorer Sport Trac, when the left-rear tyre – a Capitol Precision Trac II – failed as the vehicle traveled southbound on Interstate 37 in Atascosa County, Texas. The driver lost control when the vehicle skidded; Ms. Cantu’s right arm was crushed in the subsequent rollover, resulting in an above-the-elbow amputation.
Cantu’s story was featured in a recent CBS news story on old and defective tyres in advance of a two-day symposium hosted by the National Transportation Safety Board on tyre safety. The August 2013 crash, in part, led to a decision by ITG Voma to recall Capitol Precision Trac II tyres manufactured between December 2008 and May 2010 for tyres lacking a nylon cap ply, which made the tyres less robust and prone to tread separations. The October 20 recall covered 94,890 tyres in seven sizes for passenger cars and light trucks. “Although it too late for Krystal Cantu, it’s important that these defective tyres are finally being recalled” said Michael Cowen.
On April 2, 2014, Cantu filed a lawsuit against Voma and the manufacturer of the tyre, the Shandong Yongsheng Rubber Co., Ltd., among other defendants. During the discovery phase of the case, a manufacturer’s representative revealed that the Capitol Precision Trac II shared a common green tyre designation with another tyre branded as the Hercules Radial A/T in eight different sizes.
NHTSA defines a common green tyre as “tyres that are produced to the same internal specifications but that have, or may have, different external characteristics and may be sold under different tyre line names.” This means that the Hercules A/T and Capitol tyres are essentially the same. Under federal recall regulations, the company that brands the tyre is considered the manufacturer, and is responsible for reporting defects to NHTSA and launching a recall.
In December 17 letter, Cowen asked the agency to open a defect investigation called an Equipment Query to pursue the Hercules Rubber & Tire Company, a marketer of replacement tyres, headquartered in Findlay, Ohio and a partner of the Cooper Rubber & Tire Company, to launch a recall. The agency faced a similar situation in 2007, when Foreign Tire Sales (FTS), a tyre importer based Union, New Jersey launched a recall after discovering that tyres manufactured by the Hangzhou Zhongce Rubber Co. Ltd for FTS had been built without or with inadequate .6mm c-shaped gum strips used to prevent the separation of belts.
The recall followed a legal claim alleging that a catastrophic tread separation of a Telluride 245175R16 tyre manufactured by Hangzhou and sold by FTS caused a fatal rollover crash. FTS had claimed to NHTSA that Hangzhou sold similar tyres via other importers. The agency’s Recall Management Division responded by sending letters to 17 tyre importers/distributors of Hangzhou tyres. “Selling essentially the same tyre and under a different brand that isn’t covered under the recall needs to be thoroughly investigated by NHTSA. Our request and the information submitted to the agency should assist them in obtaining a complete accounting of all the tyres that need to be taken off the roads” Cowen added.