Guajardo v. Nankang Rubber Tire Corporation, LTD., et al.

On July 11, 2003, the Guajardo family was driving in Colorado on their way to a baseball tournament when their 1997 GMC Sierra 1500 pickup truck rolled over several times. The tread of the left rear tire had separated from the rest of the tire and wrapped around the back axle, causing loss of control and the rollover. Mrs. Guajardo was driving, her husband was in the front passenger seat, and their son, daughter and a niece were in the back seat. When the truck rolled over, two of the children were thrown out of the car and their mother was trapped in the vehicle. Their son died as a result of his injuries.

The family was part of a three car caravan heading to a little league baseball tournament. The car behind the Guajardo’s was part of their group and saw the tire fray and “blow out.” Both of the caravan vehicles stopped to render aid. The Guajardo’s son, Stephen, had been thrown from the truck and was breathing. One of the witnesses saw him sitting up, but then said he leaned back on the grass and began bleeding from his nose. He died soon after.

Investigators from the Colorado State Patrol determined that as the pickup truck was westbound on Highway 40, it headed down a hill when the tread of the left rear tire began to separate from the rest of the tire. A large piece of the separated tread ply became wrapped around the left rear wheel, causing it to lock. This caused the vehicle to begin to spin and as it went down an embankment, it began to roll. It completed two and a half rolls over a fence post that penetrated the left rear passenger window of the truck.

Mike Davis of Slack Davis Sanger represented the Guajardo family, aggressively pursuing the best possible settlement for their losses.