Noble v. Goodyear Tire & Rubber Co.

612 N.E.2d 250, 34 Mass. App. Ct. 397, 1993 Mass. App. LEXIS 427
CourtMassachusetts Appeals Court
DecidedApril 27, 1993
DocketNo. 92-P-240
StatusPublished
Cited by9 cases

This text of 612 N.E.2d 250 (Noble v. Goodyear Tire & Rubber Co.) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Noble v. Goodyear Tire & Rubber Co., 612 N.E.2d 250, 34 Mass. App. Ct. 397, 1993 Mass. App. LEXIS 427 (Mass. Ct. App. 1993).

Opinion

Gillerman, J.

The plaintiff was seriously injured when the automobile she was driving rolled over, throwing her out of the car and onto the roadway. She remembers nothing of what happened. Following the allowance of the defendants’ motion for summary judgment, judgment was entered in favor of the defendants. We reverse.

The plaintiff alleges that the cause of the accident was a blowout of a Goodyear Vector radial tire on the right (pas[398]*398senger’s side) rear wheel of the plaintiffs automobile, and that the blowout was the result of a defective tire attributable to the defendants’ negligence and breach of warranty.

The dispute as to whether there was a genuine issue of material fact turns principally on the sufficiency of the admissible evidence proffered by the plaintiff on the issue of causation: did the alleged defect in the tire cause the blowout which, in turn, caused the accident? See Kourouvacilis v. General Motors Corp., 410 Mass. 706, 714 (1991).

The judge proceeded by assuming that the tire had a manufacturing defect, but he nevertheless concluded that there was no basis in the proffered evidence for the opinion of the plaintiffs expert that the defect caused the blowout, or that the blowout caused the vehicle to go out of control. Thus there was no basis, according to the judge, for a jury to conclude that the defect caused the accident.

Given Noble’s inability to recall any of the events surrounding the accident, the plaintiffs opposition to summary judgment could not be sustained without the aid of the opinion of Dr. Martin M. Sackoff, an expert in the field of organic polymer chemistry. Dr. Sackoff s opinion, expressed in his affidavit dated May 3, 1990, and in his deposition on January 24, 1991, was to the effect that there was a manufacturing defect, that the defect caused the blowout, and that the blowout caused the accident. This was the opinion the judge dismissed as inadequate.

In his affidavit, Dr. Sackoff, whose qualifications as an expert with respect to causes and effects of tire failure appear to have been accepted by the judge and not to have been challenged by the defendants, opined, from his observations of the tire, that in a significant number of areas, there had been a separation of the liner from the ply of the body of the tire, and that “within reasonable scientific probability, . . . the final failure of the tire was effected by the separations of the liner from the underside of the tread stock areas. This caused a blowout of the sidewall with an instantaneous total deflation of the tire.” He explained that this failure of adhesion of the tubeless tire liner (a process called “delamina[399]*399tion”) permitted a seepage of compressed air into the body of the tire which “can lead to separations in the tire body, and these separations will increase in severity with service time until the tire fails, which may occur by complete deflation of the tire instantaneously comparable with, or the same as a blowout.” In Dr. SackofFs opinion “the tire failed as the result of a blowout of the outer sidewall, which was caused by inherent defects in the tire. An instantaneous total deflation of the right rear tire of a car travelling at highway speed (approximately fifty-five miles an hour) will more likely than not cause the car to lose control.” In his deposition he explained further that “during the manufacturing process, something occurred which caused [the] liner not to have its required adhesion overall to the ply,” and that the separation of the liner from the ply of the tire occurred before the accident.

Difficulties with Dr. SackofFs opinions emerged at his deposition upon cross-examination. Because Noble could not testify that she experienced a blowout, the critical issue was whether Dr. Sackoff adequately demonstrated that the alleged manufacturing defect (the separation of the liner from the body of the tire) caused a blowout — or, more simply still, was there any showing of a preaccident blowout?

The judge was correct in pointing out two important difficulties with the opinion testimony. First, on Dr. SackofFs own explanation of the accident, there must be seepage of compressed air into the area between the separated liner and the wall of the tire, and Dr. Sackoff acknowledged in his deposition that he did not observe any source of air seepage into a pocket. “Without evidence of a source of air seepage, the jury could not find it to have occurred,” the judge wrote in his careful and detailed memorandum. Second, the judge, pointing to Dr. SackofFs testimony that “something occurred which caused the car to go out of control, and one of the items which will cause a car to go out of control more nearly than anything else is a blowout,” concluded from this that “Dr. Sackoff in effect assumed that a blowout had caused the car to go out of control. He recognized that there could be a [400]*400number of reasons other than tire failure why a car might go out of control, such as driver inattention . . . [thus Dr. Back-off] assumed as a basis for his opinion the very fact his evidence is offered to prove — that a blowout occurred.”

However, immediately after the testimony to which the judge pointed, the following exchange occurred:.

Q. “What, if anything, from the visual observations you made of the liner in this tire caused you to conclude that the liner separation had caused a blowout?”
A. “I think one of the — I believe one of the most evident visual pieces of the tire in this case is that the condition of the cords which a lot of which [sm] were just hanging loose. When a blowout occurs, cords usually separate, and that is one of the observations that can be made in this case.”
Q. “I’m focusing for the moment, Dr. Backoff, solely on the liner, and I repeat my question. What if anything with respect to your visual examination of the liner led you to conclude that a liner separation had caused a blowout?”
A. “Again I repeat, the condition of some of the cords. There’s no blowout in the liner as such. The sidewall blew, not the liner.”

True, the “cords” were those in the body of the tire, not the liner, and thus the question of causation was not precisely answered. But it is clear that there was testimony by Dr. Backoff which, based on his visual findings, tended to establish the fact of the blowout — it was no longer merely an assumption he made.

What is lacking, still, is an observed source or point of air seepage into the area behind the separated liner — the causal link between the delamination and the blowout. On that issue, Dr. Backoff left it that he could not find the source because of the extent to which the tire had been de[401]*401stroyed in the blowout. We shall return to this point in a moment.

There remains a further difficulty which the defendants press upon us: there was no direct evidence of preaccident liner separation or air seepage, and, absent such evidence, Dr. Sackoff could not render an opinion as to a preaccident tire failure. Here the evidence of the parties is conflicting, but in setting out the relevant facts we “resolve any conflicts in the summary judgment materials, and we make all logically permissible inferences, in the plaintiff’s favor.” Ulwick v. DeChristopher, 411 Mass. 401, 402 (1991).

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Bluebook (online)
612 N.E.2d 250, 34 Mass. App. Ct. 397, 1993 Mass. App. LEXIS 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/noble-v-goodyear-tire-rubber-co-massappct-1993.