Scott Toomey, Michael Bai and Daniel Kain won nonsuit (directed verdict) on behalf of Kumho Tire USA, Inc. (“Kumho Tire”) in an Allegheny County, Pennsylvania product liability trial. In Dolby v. Kumho Tire USA, Inc., et al., Plaintiffs sued Kumho Tire and retreader Ziegler Tire & Rubber Co., asserting that an allegedly defective retreaded tire built on a Kumho brand casing led to the rollover of a fully laden coal truck. At trial, Plaintiffs pursued only a strict liability failure to warn claim. Plaintiffs presented expert testimony that the use of retreaded tires on steer axles of heavy trucks was improper due to a supposedly enhanced risk of tire failure. The expert also testified that he had warned clients to use only new tires on steer axles of heavy trucks. The expert could not, however, testify that the absence of a warning on the original Kumho brand tire constituted a defect or led to the crash. After Plaintiffs rested, Kumho Tire moved for nonsuit. The Court granted Kumho Tire’s motion and dismissed the case. Mark A. Eck of Meyer Darragh Buckler Bebenek & Eck, PLLC also participated in Kumho Tire’s trial defense.
