Date: 09-11-2014

Case Style: Garcia v. Michelin North America, Inc.

Case Number: 1:12-cv-00460-SS

Judge: Sam Sparks

Court: United States District Court for the Western District of Texas (Travis County)

Plaintiff's Attorney: Mikal Watts, Cristobal Galindo for Diana Garcia, Gricelda Crisostomo Cristobal Galindo, Francisco Guerra, Guy Watts

Defendant's Attorney: Chris Blackerby and Tom Bullion, III for Michelin North America, Inc.

Katherine Merrill Andre and David A. Wright for Alfredo Rosales

Description: On January 31, 2011, Alexandra Deike, individually and on behalf of the estate of her mother, Ariana Dominguez, individually and on behalf of the estate of her brother, and Gregorio Dominguez, Ruben’s father, (collectively the Guerrero parties) filed wrongful death, survival, personal injury, and product liability claims in the probate action against Michelin North America, Inc., the tire manufacturer, and a tire service company. Guerrero’s parents (the parents) intervened, adding wrongful death claims against the tire companies. The surviving passengers in Guerrero’s car (the passengers) also intervened to allege personal injury claims against the tire companies.

The original defendants designated Champion as a responsible third party, and in April 2012, the Guerrero parties, the parents, and the passengers added Champion as a defendant, alleging wrongful death, survival and personal injury claims.

The parents and passengers later added negligence claims against the Guerrero estate. In addition, Champion’s affiliated companies (the AutoNation defendants) were later named as defendants. The estate and family members of the other driver (the Clarks) also intervened in the suit, alleging products liability, breach of warranty, negligence, and gross negligence against Michelin and Goodrich Corporation f/k/a the B.F. Goodrich Company, and negligence against Champion, the AutoNation defendants, and the Guerrero estate.

Court Docket Entries from August 1, 2013 to October 10, 2013:

08/15/2013 24 STIPULATION of Dismissal by Alfredo Rosales, Michelin North America, Inc., Ricardo Moya Alvarez, Gricelda Crisostomo, Diana Garcia. (Attachments: # 1 Proposed Order)(Watts, Guy) Modified on 8/15/2013 to add joint filers Alfredo Rosales, Michelin North America, Inc. (jk). (Entered: 08/15/2013)
08/16/2013 25 ORDER GRANTING 24 Stipulation of Dismissal, filed by Ricardo Moya Alvarez, Michelin North America, Inc., Diana Garcia, Alfredo Rosales, Gricelda Crisostomo. Signed by Judge Sam Sparks. (jk) (Entered: 08/16/2013)
10/07/2013 26 NOTICE Plaintiffs' Notice of Dismissal of Defendant Ford Motor Company by Ricardo Moya Alvarez, Gricelda Crisostomo, Diana Garcia (Attachments: # 1 Proposed Order Order of Dismissal)(Watts, Guy) (Entered: 10/07/2013)
10/10/2013 27 ORDER Dismissing Ford Motor Company. Signed by Judge Sam Sparks. (jk) (Entered: 10/10/2013)

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: