April 13, 2018

Contact:Eric W. Boyer, Esq.
Managing Partner
305.670.1101 Ext. 1023


David M. Tarlow

David M. Tarlow

BROWNSVILLE, Tenn. Quintairos, Prieto, Wood & Boyer, P.A., attorney David M. Tarlow, Managing Partner of the Fort Lauderdale office, defended his client against allegations of negligent installation of two new tires on the front axle of a vehicle.
On May 9, 2014, plaintiff, Gaylon Pool took his wife’s 2000 Jeep Grand Cherokee (“Jeep”) to a large retailer located in Brownsville, Tennessee.  Two new tires were purchased, and the new tires were installed on the front axle rather than the rear axle, at the customer’s request. Industry standards and the retailer’s policies and procedures call for new tires to be installed on the rear axle to prevent hydroplaning in wet weather conditions. At the time of service, the plaintiff executed an “Acknowledgment Form” that states “[w]hen two new tires are purchased, I have been advised that tire manufacturer’s recommend placing them on the rear of the vehicle.” The plaintiff testified in deposition and provided a subsequent affidavit that the retailer never advised him about the policy of installing new tires on the rear axle and that the “warning” was not specific enough for him to make a knowing and intelligent waiver.
On July 23, 2014, at approximately 4:04 p.m., the plaintiff was driving southbound on a Tennessee owned/maintained state road, when he drove the Jeep through a pool of standing water.  This resulted in the Jeep to hydroplane on the wet roadway, losing control and traveling into the northbound lane. The left side of the Jeep collided with the front end of another vehicle causing the Jeep to rollover and coming to a final rest in an inverted position. All four occupants of the Jeep suffered injuries.  A separate lawsuit was filed by the plaintiffs against the state of Tennessee for negligence construction/maintenance of its roadway as other accidents have allegedly occurred on the same roadway when raining.  The cases were consolidated for discovery.
Gaylon Pool sustained seven fractured ribs and a fractured pelvis in the accident.  Plaintiff, Betty Pearson (Pool’s sister-in-law) sustained a fractured left arm/elbow requiring open reduction surgery.  Plaintiff, Cody Marbry (Pool’s grandson”) suffered a fractured vertebrae that required surgery; Courtney Marbry (Pool’s granddaughter suffered a fractured left wrist that heeled with casting; Sandra Pool, Claude Pearson and Ricky Marbry have filed loss of consortium claims.  None of the plaintiffs had health insurance.
Title to the Jeep was given to the tow yard the day after the accident as the Pool’s did not have the $300 to remove the vehicle from storage.  The Jeep was likely scraped due to the damaged sustained in the accident and there is no evidence available to test for mechanical malfunctions, seat belt use and the tread of the rear tires.
Arguing Express Assumption of the Risk, the defense convinced the judge that, prior to the time of the injury, the plaintiff agreed to accept the particular risk of harm that caused the injuries.


David M. Tarlow practices in the areas of general liability defense, including personal injury defense, premises liability, product liability defense, wrongful death, automobile liability, negligent security, legal malpractice defense, insurance coverage disputes and bad faith litigation.
Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women owned law firm in the nation with more than 360 lawyers serving clients from 21 offices in the United States and abroad across a spectrum of industries in over 40 areas of practice. Our lawyers provide representation in litigation, business, real estate and governmental law.

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