Simpkins and Co Solicitors Win High Court Claim

Tyre manufacturing fault causes fatality and five passengers significant injury

On Wednesday 27 July 2011 civil litigation specialists, Simpkins and Co, based in Highcliffe, Dorset, secured judgment in a product defect claim in the High Court for their five clients. The Defendants, Japanese tyre company Toyo Tire and Rubber Co Ltd, who trade as Toyo Tires of Japan, were found to have been negligent in manufacturing a defective tyre which caused a tragic accident leading to death and serious injury.

On 25 June 2006 a full seven seater Mitsubishi Pajero SUV was driving in daylight eastbound on the M4 Motorway when a Toyo tyre on the rear offside wheel blew out causing the car to roll over and crash. One occupant died and the other five passengers, who were the claimants in the case, were injured and hospitalised. The occupants were on their way back to London having earlier attended a temple near Carmarthen, South Wales, for prayer.

The judge, Mr Justice Mackay, giving judgment on legal liability only at this stage, held that he was satisfied that the cause of failure was incomplete bonding of the steel cords within the tyre due to negligence which occurred during the manufacture of the tyre in Toyo's Kuwana plant in Japan in June 1997. The defect occurred during the manufacture of the tyre and as a result the tyre was defective and caused the fatal accident in 2006. The driver of the car, a London based male, who had been blamed by Toyo for the accident was exonerated by the judge.

Unconditional leave to appeal to the Court of Appeal was granted to the First Defendant following the trial at first instance. The appeal was subsequently settled on agreeable terms that remain confidential between the parties to the appeal.

Illustrated above from left to right:
the area of detachment; the outer side wall, radial split; the area of dislocation.

Mr Steven Simpkins, of Simpkins and Co Solicitors, who represents five of the injured passengers states "What has been established by this judgment is justice for all the injured parties involved and for the family of the deceased woman. We have fought the Defendants for the past five years on behalf of our clients. They are a big, well-resourced, international company and who would not acknowledge at any point that their tyre was the cause of the accident. Initially they refused to accept the jurisdiction of the High Court in London and we had to arrange to serve them with proceedings in Japan, they then sought to blame the driver for the accident. Our clients have suffered greatly in the aftermath of the accident with the loss of their friend and the traumatic re-living of what happened to them. They are ordinary people who suffered because of the negligence of a large company. We took on this complex claim, as we believe in access to justice for all. Large firms and insurers should not be able to avoid being held accountable for their negligence and this case I hope has achieved this."

Miss Joshi Divya, one of the injured passengers, states, "I am extremely happy with the judgement. I lost my dear friend in this accident and I have to live with the memories every day."

The case began on Monday 27th June and was listed for 8 days at the Royal Courts of Justice in London. Leading Counsel Grahame Aldous, QC and barrister, Linda Nelson, both from the barristers chambers at 9 Gough Square, London, acted for the claimants in the High Court. Mr Graham Newland acted as the tyre expert for the claimants. Mr Newland is an expert in tyres who served an apprenticeship with the Michelin Tyre Company after which he spent 10 years as a technical advisor that included conducting forensic examinations of tyre and defects. He is a practicing independent consultant with over 40 years in the industry.

The South Wales Police conducted an independent Police inquiry into the cause of the accident in 2006 and a manufacturing defect resulting in the tyre blowout was found to be the cause at that time by Mr Newland.

If further quotes are required from the Claimants please contact Simpkins and Co for comment.