Tire service center sued for not warning woman of hydroplane risk

By Michelle Massey, East Texas Bureau | Aug 18, 2010

MARSHALL-The children of a deceased Texas woman have filed a lawsuit against a tire service center, alleging that if the employees would have told their mother buying only two new tires was not safe, she would still be alive.

Holly and Blake Daniels filed suit against South Gateway Tire Co. Inc., doing business as Gateway Tire & Service Center of Texas, and Dunlap & Kyle Co. Inc. on Aug. 11 in the Eastern District of Texas, Marshall Division.

Justy Daniels was driving her 2006 Chrysler Sebring automobile in the rain and on a wet roadway on Oct. 9, 2009. The Sebring hydroplaned, crossed the center line, and struck a school bus. Justy Daniels died in the collision.

About four months before the accident, Daniels had purchased two Toyo tires from the defendant.

The younger Daniels state their mother was not warned that the placement of two new tires on the front axle of her Sebring was dangerous because the rear tires were worn.

"When she left Defendant's place of business, Justy Daniels had no way of knowing that her vehicle was likely to hydroplane, meaning that she would lose control of it during wet weather," the lawsuit states.

The defendants are accused of negligence for failing to warn that replacing only two tires would result in hydroplaning.

The plaintiffs are seeking damages for loss of love, care and companionship, grief, sorrow, emotional distress, loss of income, court costs and interest.

The Daniels are represented by Charles Clark and Gregory Porter of Clark & Porter in Tyler.

U.S. District Judge T. John Ward is assigned to the litigation.

Case No. 2:10cv00290

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