Df - Ford
purchased new Escort from a Ford Dealership in Alice Texas.
excessive wear on the outer part of the right front tire.
his vehicle in for such service between ten and fifteen times
during the two years he owned the car.
He and his
fiance, and her child, subsequently had an accident when the
steering wheel jerked violently, the vehicle swerved to the
right, then as he steered back onto the pavement, it rolled over
noticed the Escort approaching in a normal manner, then the
right front wheel wobbled and leaned to the right. The left
front tire was straight, but the right front tire was leaning in
the two o'clock position.
said tire tracks might be yaw marks, where their tire is leaning
sideways and still spinning.
Pl - Expert,
found appellant liable for
manufacturing defect, marketing defect, negligence, and
deceptive trade violations.
negligence 80% Ford, and 20% Gonzalez.
front wheel drive
should show wear first because the car receives the power of
Passenger seat is empty
passenger seat is often unoccupied, causing the wheel with the
lighter load to want to spin faster.
front right tire did not show usual wear, because Gonzalez had
frequently rotated and replace his tires because of the
that any defect in the Ford Escort caused the Pl - accident.
indulge every reasonable
inference deducible from the evidence in that partys
favor. The challenge is overruled and the finding is unheld.
drew an unsupported causal connection
argues that the jury, having heard evidence of abnormal tire
wear, drew an unsupported
causal connection between tire wear and the strut coming
out of the steering knuckle.
testimony supplied by the witnesses about the tire was leaning
in a two oclock position before the care left the pavement the
testified that the relatively undamaged condition of the strut
proved that the wheel came loose before the crash.
witnesses did not offer sufficient explanation of the mechanical
relation between the strut and wheel alignment, camber and
caster, and off-road tire marks to support a causal connection
between misalignment and the resulting accident.
Direct proof of a defect is not required.
(Light most favorable to the
testified that the recurring problem of uneven wear on the outer
edge of the Escort's right front tire was caused by a
misalignment of the camber and castor, not by a misalignment of
no evidence that misalignment
There is no
evidence to support an inference that tire alignment or tire
wear caused the right front MacPherson strut to pull free from
the steering knuckle.
wear, however, was not touted as the cause of the accident,
rather it evidenced a chronic
symptom from which the jury could infer a defective suspension