Submitted by: Submitted by optimus8080
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Category: Business and Industry
Date Submitted: 11/12/2014 06:49 AM
CASE STUDY (WEEK 4)
Sumerel v. Goodyear Tire & Rubber Company
The parties Sumerel is the plaintiff and Goodyear Tire & Rubber Company is the defendant
History of the case Goodyear designed and manufactured a defective hose that was installed in their cars heating systems. After the trial the jury awarded them $1.3 million for the repair and replacement of their heating systems. Additionally, they received 36% and 48% for other costs and losses. Goodyear made a clerical error and the settlement was agreed to 100%. Goodyear appealed and won.
Facts Goodyear was found liable for defective manufactured hoses. Sumerel and the other plaintiffs won the case and were awarded by the jury for $1.3 million in damages and other costs and losses. The trial court declined to award pre-judgment interest and this is what led to the negotiation between both parties. Goodyear’s co-counsel assessed their liability at 100% opposed to the 36% and 48%. Sumerel and other plaintiff’s accepted the offer. Goodyear noticed their error and attempted to correct the miscalculation, but the plaintiff’s wanted the agreed settlement at 100%. The trial court granted the plaintiffs motion and Goodyear appealed and won.
The plaintiff’s theory Sumerel wanted the agreed settlement of 100%.
The defendant’s issue Goodyear Tire & Rubber Company made a mistake and claimed they shouldn’t have to pay the plaintiffs the full 100%.
Legal Issue Should Goodyear be held liable and pay the agreed settlement amount of 100%?
Holding of the court The judgment from the Colorado Court of Appeals were reversed. The case was remanded for the sole purpose of allowing the parties to file a satisfaction for the amounts already paid by Goodyear.
I agree with the final verdict from the Colorado Court of Appeals, Division VII. Goodyear made a mistake and I believe the Sumerel’s knew that and tried to take advantage of that.