LawyersUSA

A lawsuit filed in Florida claiming that a fatal rollover crash was caused by a cracked stem on a tire valve has prompted a federal investigation and a recall of 6 million valve stems.

It's estimated that up to 36 million of the potentially defective valve stems were manufactured in China by Shanghai Baolong Automotive Corp. between July 2006 and November 2006. A U.S. distributor, Dill Air Control Products of Oxford, N.C., notified the National Highway Traffic Safety Administration of the potential problem after it was named in the Florida suit.

With so many valves in circulation, the defect could lead to more accidents and more lawsuits.

"It could be on any car," said Sean Kane, director of Safety Research & Strategies, a research and consulting firm in Rehoboth, Mass., that works with plaintiffs' attorneys. "The magnitude is quite large."

Another distributor, Tech International, of Johnston, Ohio, has already announced a recall of 6 million valve stems.

The Florida suit was filed by the widow of Robert Monk, of Orlando, Fla. Monk was killed last November when the right rear tire of his 1998 Ford Explorer failed, triggering a rollover crash. The suit blames the accident on a crack on the stem of the rubber valve used to fill the tires with air.

In May, Dill issued an advisory to tire retailers indicating a problem with surface cracks on the outside of the valve stem's rubber near the rim hole due to ozone exposure.

Dill said in the bulletin that it has received a "number of parts" showing surface cracks.

"High speeds and an unsupportive rim profile allow the rubber valve to flex at a greater angle and may cause these cracks to propagate, leading to a slow leak of air," the bulletin warned.

Dill has asked retailers to return all valve stems manufactured in 2006 and to inspect valve stems installed from September 2006 through June 2007.

The problem, however, is that the valves are almost impossible to track down once they leave the warehouse.

In its bulletin, Dill conceded there is "little traceability on these stems once they leave our facility."

Brian Rigney, general manager at Dill, did not return a phone call seeking comment.

'Clear what happened'

Richard Newsome, the Orlando attorney who is representing Monk's widow, said that as soon as he saw the damaged tire from Monk's Explorer, he knew it was a type of tire failure called "run-flat failure."

Newsome, head of a five-lawyer firm, said run-flat failures occur when a tire loses air pressure quickly – probably due to hitting a nail or screw.

"This allows the metal rims of the tire to dig down into the rubber," he explained. "At high speeds, the rim acts like a knife and it cuts through the tire."

Monk, who was wearing a seat belt at the time of the accident, apparently lost control when a large strip of the tire came off while he was driving on a highway.

The tires had been inspected two months before the accident, according to Newsome.

"Forensically, it was clear what had happened," he said. "You had a significant crack in this valve stem that had led to loss of air pressure."

Two of the other tires on the car were also damaged, he added.

In his view, Dill should be "alerting the public who bought tires after August 2006 that they need to have their valves inspected and pay close attention to tire inflation pressure to prevent further tragedies."

Kane, who is providing consulting services in the case, said any car owner who has had a tire replaced after July 2006 should have their valves checked immediately for signs of cracking.

Radial tires do not show signs of underinflation by a visual inspection until they are "significantly underinflated," he said. And by then, the tire may have sustained irreparable damage.

Questions or comments can be directed to the writer at: nora.tooher@lawyersusaonline.com