Trenado ex rel. Trenado v. Cooper Tire & Rubber Co.

Summary

The Fifth Circuit affirmed a take-nothing judgment for Cooper Tire in a Texas products-liability action arising from a catastrophic tire failure and rollover accident. The court held that the district court properly instructed the jury on the rebuttable presumption under Texas Civil Practice and Remedies Code § 82.008 based on compliance with FMVSS 109 and properly denied the plaintiffs’ motion in limine seeking to exclude related evidence.

Holdings

1. The district court properly instructed the jury on the rebuttable presumption of no liability because there was sufficient evidence from which a reasonable jury could find that FMVSS 109 was a mandatory federal safety standard governing the risk of tire failure and that the subject tire complied with it.
2. The instruction was supported by some evidence permitting a rational jury to find that the presumption applied, including evidence of Cooper's compliance testing and the applicability of FMVSS 109 when the subject tire was manufactured.
3. The district court did not abuse its discretion by denying the motion in limine because evidence of compliance with FMVSS 109 was relevant to the product risk and the statutory presumption, and the plaintiffs did not establish grounds for reversal.

Questions Presented

1. Whether the district court reversibly erred by instructing the jury on the rebuttable presumption of no liability under Texas Civil Practice and Remedies Code § 82.008 based on compliance with FMVSS 109.
2. Whether the evidence was sufficient to support instructing the jury that the § 82.008 presumption could apply, including evidence that FMVSS 109 governed the risk of tire failure, that the tire complied with the standard, and that the standard applied when the tire was manufactured.
3. Whether the district court abused its discretion by denying the plaintiffs' motion in limine seeking to exclude evidence concerning compliance with FMVSS 109.

Disposition

affirmed