Arizona Appellate Court Clears Jiffy Lube Of Liability In Tire Inspection

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Posted on 13th May 2010 by gjohnson in Uncategorized

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A Jiffy Lube station is off the hook for not telling a customer that his tire treads has been warn down dangerously low, the Arizona Court of Appeals ruled. http://lawyersusaonline.com/blog/2010/05/12/jiffy-lube-not-liable-for-faulty-tires/

In the case at hand the plaintiff brought his parent’s vehicle to a Jiffy Lube to have its oil changed. As part of the service, Jiffy Lube checked out the car’s tire pressure.

But then a few weeks after the oil change the plaintiff had an accident where he lost control of the car while driving on a wet road. He was paralyzed when the car rolled over.

His family had charged that Jiffy Lube had a responsibility to inspect that car’s tires and report on any wear that could lead to an accident.

The chain doesn’t replace tires or sell them, but it will rotate them for an additional fee. But the plaintiff has only paid for the oil change service.

But Arizona’s appeals court agreed with a summary judgment that had been in favor of Jiffy Lube.  

“(We) disagree with plaintiffs that their contractual relationship with Jiffy Lube extended to a safety inspection of the vehicle’s tires such that Jiffy Lube owed a duty of reasonable care to inspect the tires,” the appeals court said. “The oil change agreement between Jiffy Lube and plaintiffs included only a check of thei air pressure in the tires, not an overall inspection.”  

 


Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

Tire Shards May Have Damaged Continental Plane’s Hydraulic System, Forcing Plane To Turn Around

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Posted on 12th May 2010 by gjohnson in Uncategorized

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Officials in New Jersey are probing whether shards from a damaged tire lead to a Continental Airlines flight being forced to make an emergency landing at Newark Liberty International Airport Sunday, according to The Star-Ledger. 

 http://www.nj.com/news/index.ssf/2010/05/faa_probes_whether_damaged_tir.html

Authorities suspect that pieces of the plane’s tire may have damaged the hydraulic system of Continental Flight 9, which had taken off for Tokyo but had to return to Newark because the crew couldn’t retract its landing gear.

Port Authority of New York and New Jersey police had a photo of the tire following the emergency landing, and most of its tread had been sheared off, according to The Ledger.

The Federal Aviation Administration planned to study flight and maintenance data from Continental to confirm if the tire shards did cut the hydraulic line.

The Boeing 777, which had 291 passengers and crew, landed back at Newark airport less than an hour after its takeoff, setting back down at 12:15 p.m.   

 

 


Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

Campaign Getting In Gear In Oregon To Get Studded-Tire Ban Passed

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Posted on 5th May 2010 by gjohnson in Uncategorized

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It seems that the use of studded tires has been a perennial hot topic in Oregon.  And the debate has been renewed.

The consumer columnist for The Oregonian, Joseph Rose,  recently wrote about how “a citizen activist” in the state this summer plans to rev up a campaign to get a studded-tire ban on the 2012 ballot in Oregon. http://blog.oregonlive.com/commuting/2010/04/anti-studded_tires_campaign_la.html

And this initiative already has a website,  http://www.banstuddedtires.com/ , up for its campaign.

The activist pushing for the anti-stud ban is Jeff  Bernards, who is  like Don Quixote in his quest to “save Oregon’s roads and budgets from senseless waste.” But it’s apparently been a tough sell. The state Legislature has been rejecting passing such a ban since 1974. 

The anti-tire stud group and Rose maintain that the studs do $40 million in damage annually to the state’s roads, 

Another Oregon columnist, Patrick Emerson of The Oregon Business Report, seemed amused about the brouhaha. http://oregonbusinessreport.com/2010/05/debated-renewed-over-studded-tire-ban-tax/

Both Wisconsin and Minnesota ban studded tires, according to Emerson, who spent many years living in Wisconsin.   

In the case of Oregon, he cited one economist’s suggestion, which is to add a tax to studded tires to pay to repair the damage they do to roads.

 But we liked the comment that one man, who is against the stud-ban,  put on Emerson’s blog.

“What’s the cost of driving up 99E along the river from Oregon City to Canby, spinning out on the ice and getting killed?” Matthew asked.

We’re with him.

   

 

 


Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.