A family that suffered a host of serious injuries in a rollover crash that was caused by a defective tire on a recently purchased used SUV has settled a lawsuit for $2 million, the family’s attorneys report.
Ray Doumar and Bettis Rainsford of Doumar Rainsford in Augusta, Georgia, and Austin Crosby of Peters Murdaugh Parker Eltzroth & Detrick in Hampton represented the plaintiffs, a family of six including two adults and four minor children who were injured in the crash, which happened on Interstate 20.
Pursuant to a confidentiality agreement, many details of the case, including the names of the parties and the venue and the identities of the defendants’ attorneys, were withheld.
The attorneys said that their clients purchased the used Ford Explorer just three months before the crash and that they had no idea that one of the tires contained manufacturing defects, design defects, and was “too old to still be in operation.”
“SUVs are particularly susceptible to rollovers as the result of tread separations,” Crosby said. The attorneys said that several occupants were ejected when the tire’s tread separated, but Crosby declined to comment on the cause of the tread separation, citing ongoing cases related to the crash. The plaintiffs, Crosby said, are pursuing cases against the tire and vehicle manufacturer.
Most of the family’s policy-limit settlement will go toward its medical bills, which total more than $1.5 million.
The 38-year-old father suffered a traumatic brain injury (TBI) that has severely affected his mental and motor function.
The 36-year-old mother suffered a severely broken elbow that required several surgeries, screws, and a plate. She has permanent loss of range of motion and psychological trauma.
The 17-year-old son suffered abrasions and road rash and has undergone extensive psychological treatment for post-traumatic stress disorder (PTSD).
The 13-year-old daughter suffered a fractured sternum, compression fractures to her spinal column, lacerations, and has undergone counseling for PTSD.
The 5-year-old daughter suffered a TBI, lacerations, and insomnia and anxiety arising from PTSD.
“All six family members are still treating and are expected to do so into the foreseeable future,” the plaintiffs’ attorneys wrote in an email to Lawyers Weekly.
SETTLEMENT REPORT — NEGLIGENCE/BREACH OF WARRANTY
Amount: $2 million
Injuries alleged: Traumatic brain injury, post-traumatic stress disorder, and multiple orthopedic injuries
Case name: Withheld
Date of settlement: September 2021
Attorneys for plaintiff: Ray Doumar and Bettis Rainsford of Doumar Rainsford in Augusta, Georgia, and Austin Crosby of Peters Murdaugh Parker Eltzroth & Detrick in Hampton
Attorneys for defendant: Withheld