Family sues tire maker after fatal accident

A Marshall family is suing over claims five family members died in a vehicular accident caused by a defective tire.

Federico Esquivel Acuna and Estela Martinez Torres, individually, as next friends of R.A.T, a minor child, and as representatives of the estates of Saideth Acuna and Yulisa Acuna, deceased, Gabriela Acuna, individually, Isaias Jaimes and Elida Torres, individually, as next friends of A.J. and U.J., minor children, and as representatives of the estates of Rosbelia Jaimes, Omar Jaimes and Yurid Jaimes, deceased, filed a lawsuit Dec. 3, 2014, in the Marshall Division of the Eastern District of Texas against Cooper Tire & Rubber Company.

According to the complaint, Federico Esquivel Acuna was operating a vehicle occupied by his family on Interstate Highway 20 on Aug. 20, 2012, when the right rear tire, a Cooper Discoverer ATR, suffered a tread-belt separation, rendering the vehicle uncontrollable and causing it to roll over and hit a road sign, which severely injured the passengers, resulting in five deaths. The complaint states Federico Esquivel Acuna and Estela Martinez Torres sustained injuries, witnessed the severe injuries of their children R.A.T. and Gabriela Acuna, and witnessed the tragic deaths of their children Saideth and Yulisa Acuna. The plaintiffs say minor children A.J. and U.J. and their mother, Elida Torres, sustained injuries and witnessed the deaths of their siblings and children Rosbelia, Omar and Yurid Jaimes.

The lawsuit states the cause of the deaths and injuries was the defendant's defective tire design and manufacturing, and Cooper is accused of strict liability, negligence and breach of implied warranties.

The Acuna and Jaimes families seek wrongful death and personal injury damages. They are represented by attorney Jason P. Hoelscher of Sico, White, Hoelscher, Harris & Braugh in Corpus Christi.

Marshall Division of the Eastern District of Texas case number: 2:14-CV-01092