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The Law Offices of Bailey & Burke

A Proven Full Service Law Firm Since 1971
888-870-0925

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Daughter killed, son injured – MA family sues Walmart for tires

On Behalf of | Oct 12, 2017 | Wrongful Death

It’s every parents’ worst nightmare. On their way to school in February 2016 a family’s daughter was killed and their son was irreparably injured when the car they were driving left the road way. There had been severe weather reported in the area and school was even delayed a few hours due to that. However, the parents are alleging that it was more than snow that caused their kids’ vehicle to leave the road that day.

It turns out that the vehicle the two were traveling in, a Kia, had some repair work done to it at a local Walmart, not long before the icy weather that day. According to the lawsuit, the family is alleging that Walmart is negligent for their daughter’s death and son’s serious injuries because when they installed 2 new tires on the vehicle, they installed them in the wrong location. This sounds silly, but it is well known that tire placement is extremely important. Tires in the wrong location can cause tread imbalance and that’s what the family is alleging caused their kids’ car to lose control.

According to Walmart, the service order shows that “two new Goodyear Viva 3 tires were installed on the rear axles of the Kia.” However, the family is alleging that that order was not properly carried out and instead the tires were installed in the front of the vehicle. Beyond wrongful death, the family is suing for their son’s past and future medical costs associated with his traumatic brain injury, with the action seeking over $18 million. According to the family’s lawyer, Walmart employees are not trained in what the serious consequences would be of incorrect installation.

The family lives in Hubbardston, just a few miles from Worcester. It’s possible that many in the community know the family and have heard of the tragedy. They may have associated the daughter’s death and son’s injury with speeding, or slippery conditions. However, the family is alleging otherwise and wants answers for their kids’ wrongful death and suffering.

Source: telegram.com, “Hubbardston family suing Walmart over crash that killed daughter, injured son,” Brad Petrishen, Oct. 3, 2017

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