Sage v. Bridgestone Americas Tire Operations, LLC

Background

Kassondra Sage died in an automobile accident while driving a 2001 PT Cruiser. Before the accident, Walmart’s Auto Care Center replaced the vehicle’s two front tires. Walmart also checked the tire pressure of all four tires and recorded that the tires had tread wear and uneven wear or other irregularities. The service invoice directed Sage to take the vehicle to a certified technician for an alignment or suspension check.

According to a Minnesota State Patrol report, the vehicle’s right rear tire later failed because of tread separation, causing Sage to lose control. The failed tire was manufactured in August 2001. The parties disputed whether the rear tires present when Walmart serviced the vehicle were the same tires present during the accident.

Faith Sage, acting as the wrongful-death trustee for Kassondra Sage’s estate, initially asserted negligence, breach of warranty, and strict-liability claims against several defendants. The other defendants were dismissed, leaving only a negligence claim against Walmart. Walmart moved for summary judgment, which asks whether the evidence presents a genuine dispute requiring a trial.

Negligent Inspection of the Rear Tires

The amended complaint alleged that Walmart should have discovered an internal belt-separation defect in the rear tire through inspection. Plaintiff later argued that Walmart instead should have visually inspected the rear tires to determine their age and warned that they needed replacement. Plaintiff conceded that Walmart had no duty to detect internal defects in the rear tires or remove them for internal inspection.

The court held that the tire-age theory was not properly before it because plaintiff had not pleaded that theory in the amended complaint. The court also ruled that, even if it considered the theory, plaintiff had not shown that Walmart had an affirmative duty to inspect the age of tires when it was asked to work on other parts of the vehicle. The court distinguished a Minnesota case involving a servicer hired to inspect and repair an entire vehicle.

The court further stated that even if Walmart had a duty to visually inspect the rear tires, the record supported a finding that Walmart conducted a reasonable inspection by checking tire pressure, noting tread wear and uneven wear, and recommending further work. The court held that Walmart could not be held liable for negligent inspection of the rear tires.

Negligent Warning About Tire Placement

The court held that Walmart owed Kassondra a duty to use reasonable care in advising her about placing two new tires on the front rather than the rear wheels. Walmart’s policy required service personnel to warn customers that installing new tires on the front instead of the rear increases the risk of harm, and Walmart acknowledged the recommendation to place new tires on the rear.

The court found a genuine factual dispute about whether Walmart actually gave the required warning. A Walmart manager testified that he verbally warned Sage to put the new tires on the rear, but the invoice did not document that Walmart provided the warning. The court concluded that a jury must decide whether Walmart satisfied its duty.

The court also found a genuine factual dispute about proximate cause, meaning whether Walmart’s alleged failure to warn substantially contributed to Kassondra’s death. Although there was no direct evidence that the rear tires in February were the same tires present during the accident, the court concluded that plaintiff’s circumstantial evidence could allow a reasonable jury to reach that conclusion. The case therefore could proceed to trial on the warning and causation aspects of the negligence claim.

Disposition

The court ordered that Walmart’s motion for summary judgment was granted in part and denied in part. The negligent-inspection theory was rejected, while the issues concerning Walmart’s warning about tire placement and whether any failure to warn caused the accident remained for trial. Judge David S. Doty signed the order.