Preview
Filing # E-Filed 12/10/2020 02:10:31 PM
IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR
VOLUSIA COUNTY, FLORIDA
TAMMY BRADFORD,
as Personal Representative of the Estate
of MICHAEL BLAZE BRADFORD, deceased; CASE NO.: 2019-10377 CIDL
and as Personal Representative of the
Estate of WARREN MICHAEL BRADFORD,
Deceased
Plaintiff,
VS.
MICHELIN NORTH AMERICA, INC.,
a foreign corporation; and DISCOUNT
TIRE CO., a Florida corporation
Defendants.
PLAINTIFF'S FIRST AMENDED COMPLAINT
COMES NOW the Plaintiff, TAMMY BRADFORD, as Personal Representative of the
ESTATE OF MICHAEL BLAZE BRADFORD, deceased, and also as Personal Representative of
ESTATE OF WARREN MICHAEL BRADFORD, deceased, by and through her undersigned
counsel and for the cause of action against Defendant, DISCOUNT TIRE CO., a corporation
formed in Florida with its principal office in Scottsdale, Arizona. DISCOUNT TIRE CO. is
authorized to do business throughout Florida. Plaintiff alleges and states as follows:
PARTIES
1. Plaintiff, TAMMY BRADFORD, is a resident of Florida, St. John's County,
residing at 8201 River Road, St. Augustine, Florida and is the duly appointed Personal
Representative of the Estate of MICHAEL BLAZE BRADFORD, deceased. A copy of the Letter
of Administration appointing TAMMY BRADFORD as the Personal Representative of the Estate
of MICHAEL BLAZE BRADFORD is attached as Exhibit 1.
1
2. Plaintiff, TAMMY BRADFORD, is a resident of Florida, St. John's County,
residing at 8201 River Road, St. Augustine, Florida and is the duly appointed Personal
Representative of the Estate of WARREN MICHAEL BRADFORD, deceased. A copy of the
Letter of Administration appointing TAMMY BRADFORD as the Personal Representative of the
Estate of WARREN MICHAEL BRADFORD is attached as Exhibit 2.
3. Defendant, Discount Tire Co., (Discount Tire) is a Florida corporation with its
principal place of business in Arizona. Discount Tire does business in the State of Florida through
its company-owned stores. Discount Tire may be served with process by serving its registered
agent CT Corporation System, 1200 S. Pine Island Road, Plantation, FL 33324.
JURISDICTION
4. This is an action for damages which exceed the sum of Fifteen Thousand Dollars.
5. This action is brought pursuant to the Florida Wrongful Death Act, F.S.A. §768.16,
et seq.
a. The only survivor of the Estate of MICHAEL BLAZE BRADFORD, deceased, is
Tammy Bradford, his wife and only surviving heir
b. The only survivor of the Estate of WARREN MICHAEL BRADFORD, deceased,
is Tammy Bradford, his mother and only surviving heir.
VENUE
6. Venue in Volusia County, Florida is proper and appropriate since the cause of
action arose or accrued in Volusia County, Florida.
FACTS
7. On February 13, 2017 decedent, Michael Blaze Bradford took his vehicle to
Discount Tire in St. Augustine, Florida where he purchased two new tires. The new tires were
2
placed on the rear of the vehicle. The employees at Discount Tire did not warn Plaintiff about the
aged tires remaining on his vehicle. One of those remaining tires is the subject tire in this case.
8. On Thursday, June 1, 2017 at approximately 3:43 p.m. on Interstate 95 (State Road
9), 3 miles south of the City of New Smyrna Beach, Volusia County, Florida, Michael Blaze
Bradford, decedent was the driver of a 1999 Ford F-250 Supercab Pick-up truck.
9. Michael Blaze Bradford was properly operating his 1999 Ford F-250 travelling
northbound on Interstate 95 when suddenly and without warning experienced a catastrophic tread
separation of the Michelin tire mounted on the left front of the Ford F-250.
10. As a direct result of the tire tread separation, the Ford F-250 departed the paved
roadway onto the center median. The vehicle's undercarriage struck a concrete culvert and then
struck an embankment. The vehicle entered a wooded area in the median while airborne. The
vehicle's passenger side and top struck a group of trees, then fell to final rest on its roof facing
west.
11. Michael Blaze Bradford was fatally injured as a result of the motor vehicle accident.
The decedent's son, and only child, Warren Michael Bradford was a passenger in the vehicle and
also died as a result of the accident.
12. The tire which sustained the tread separation (subject tire) was manufactured by
Michelin North America, Inc. at its Dothan, Alabama plant during the 47th week of 2003.
13. The subject tire was designated as follows: BF Goodrich Rugged Trail T/A; DOT:
B7W8 BUl 1 4703.
COUNT I
NEGLIGENCE AS TO DISCOUNT TIRE
14. The Plaintiff realleges Paragraphs 1 through 13 and incorporates them herein by
reference.
3
15. Defendant, Discount Tire, by and through their officers, employees, agents, and
representatives, committed acts of omission and commission, which collectively and severally,
constituted negligence and which proximately caused the incident and resulted in the death of
Michael Blaze Bradford and his son, Warren Michael Bradford.
16. Discount Tire's negligence includes, but is not limited to the following:
a. Failing to inform or warn the Plaintiff of the subject tire's dangers including an
impending tread separation that were known, or should have been known by
Discount Tire;
b. Failing to properly inspect for and/or identify any potential conditions in the subject
tire that could or may have increased the likelihood of a tread separation;
c. Failing to warn Plaintiff of the dangers presented with driving on an aged tire:
d. Failing to properly train its employees with regard to tire inspections and tire safety;
e. Failing to implement a system to train employees and/or failure to enforce policies
and procedures concerning inspections of tires and tire safety;
f. Installing tires that were the wrong size and/or fitment for the subject vehicle, which
adversely affects the handling and increases the rollover propensity of the subject
vehicle;
g. Installing tires that were not the same size and/or fitment as the other tires on the
subject vehicle, which adversely affects the handling and increases the rollover
propensity of the subject vehicle; and
h. Rotating to the front of the subject vehicle (a Ford F250) the dangerous and
hazardous aged subject tire (fourteen years old) with known tire failure issues
including, but not limited to, a propensity and/or unreasonable risk for tread
4
separations. This Defendant knew or should have known about vehicle handling
issues associated with front tire tread separations on the F250.
17. As a direct and proximate result of the negligence of Discount Tire, the subject tire
failed in service causing the subject vehicle to veer out of control and roll over resulting in the
death of Michael Blaze Bradford and his son, Warren Michael Bradford.
18. Plaintiff, Tammy Bradford, seeks all damages to which she is entitled pursuant to
the Florida Wrongful Death Act, including all damages for the mental pain and anguish from
Michael Blaze Bradford and Warren Michael Bradford's date of death until the expiration of the
her life expectancies, any loss of net accumulations, and any other losses or damages to which she
or the estate may be entitled to including interest, prejudgment interest, and the cost and expenses
of this litigation. Plaintiff additionally seek damages and reimbursement for all funeral and related
expenses.
WHEREFORE, as a direct and proximate result of the negligence of the Defendant, the
Plaintiff suffered losses as described above and demands judgment for damages against Defendant
Discount Tire, together with costs of suit, and further demands a jury trial on all issues triable by
jury.
COUNT II
LOSS OF CONSORTIUM —SPOUSE
19. The Plaintiff realleges paragraphs 1-15 and incorporate them herein.
20. That as a direct and proximate result of the Defendant's negligence and
carelessness, Tammy Bradford has suffered psychological injuries, has been and will be deprived
of her spouse, Michael Blaze Bradford's services, comfort, society and attention and has incurred
reasonably value or expenses of funeral expenses such damages are compensable under Florida's
Wrongful Death Act. Plaintiff seeks all damages to which the decedent's spouse is entitled
5
pursuant to the Florida Wrongful Death Act, including damages for her mental pain and anguish
from Michael Blaze Bradford's death, any loss of net accumulations and any other loss or damages
to which the spouse or the estate may be entitled to including interest, prejudgment interest and
the costs and expenses of litigation. Plaintiff additionally seeks damages and reimbursements for
all funeral and related expenses.
WHEREFORE, Plaintiff demands judgment against the Defendant for compensatory
losses and damages and for the costs and expenses of this litigation, plus interests including any
prejudgment interest to which the Plaintiff may be entitled. Plaintiff further claims and requests
trial by jury.
COUNT III
LOSS OF CONSORTIUM -CHILD
21. The Plaintiff realleges paragraphs 1-15 and incorporate them herein.
22. That as a direct and proximate result of the Defendant's negligence and
carelessness, Tammy Bradford has suffered psychological injuries, has been and will be deprived
of her child, Warren Michael Bradford's comfort, society and attention and has incurred
reasonably value or expenses of funeral expenses such damages are compensable under Florida's
Wrongful Death Act. Plaintiff seeks all damages to which the decedent's parent is entitled pursuant
to the Florida Wrongful Death Act, including damages for her mental pain and anguish from
Warren Michael Bradford's death, any loss of net accumulations and any other loss or damages to
which the parent or the estate may be entitled to including interest, prejudgment interest and the
costs and expenses of litigation. Plaintiff additionally seeks damages and reimbursements for all
funeral and related expenses.
WHEREFORE, Plaintiff demands judgment against the Defendant for compensatory
losses and damages and for the costs and expenses of this litigation, plus interests including any
6
prejudgment interest to which the Plaintiff may be entitled. Plaintiff further claims and requests
trial by jury.
Date: December 10, 2020 Respectfully submitted,
KASTER, LYNCH, FARRAR & BALL, LLP
By: /s/ Skip Edward Lynch
Skip Edward Lynch
Skip@thetirelawyers.com
Florida Bar No. 0021085
daneen@thetirelawyers.com
jessica@thetirelawyers.com
Bruce R. Kaster
Florida Bar No. 200271
brk@thetirelawyers.com
josh@thetirelawyers.com
125 N.E. 1st Avenue, Suite 3
Ocala, FL 34470
Phone: 352-622-1600
Fax: 352-622-1611
COUNSEL FOR PLAINTIFF
7
Preview
Filing # E-Filed 12/10/2020 02:10:31 PM IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR VOLUSIA COUNTY, FLORIDA TAMMY BRADFORD, as Personal Representative of the Estate of MICHAEL BLAZE BRADFORD, deceased; CASE NO.: 2019-10377 CIDL and as Personal Representative of the Estate of WARREN MICHAEL BRADFORD, Deceased Plaintiff, VS. MICHELIN NORTH AMERICA, INC., a foreign corporation; and DISCOUNT TIRE CO., a Florida corporation Defendants. PLAINTIFF'S FIRST AMENDED COMPLAINT COMES NOW the Plaintiff, TAMMY BRADFORD, as Personal Representative of the ESTATE OF MICHAEL BLAZE BRADFORD, deceased, and also as Personal Representative of ESTATE OF WARREN MICHAEL BRADFORD, deceased, by and through her undersigned counsel and for the cause of action against Defendant, DISCOUNT TIRE CO., a corporation formed in Florida with its principal office in Scottsdale, Arizona. DISCOUNT TIRE CO. is authorized to do business throughout Florida. Plaintiff alleges and states as follows: PARTIES 1. Plaintiff, TAMMY BRADFORD, is a resident of Florida, St. John's County, residing at 8201 River Road, St. Augustine, Florida and is the duly appointed Personal Representative of the Estate of MICHAEL BLAZE BRADFORD, deceased. A copy of the Letter of Administration appointing TAMMY BRADFORD as the Personal Representative of the Estate of MICHAEL BLAZE BRADFORD is attached as Exhibit 1. 1 2. Plaintiff, TAMMY BRADFORD, is a resident of Florida, St. John's County, residing at 8201 River Road, St. Augustine, Florida and is the duly appointed Personal Representative of the Estate of WARREN MICHAEL BRADFORD, deceased. A copy of the Letter of Administration appointing TAMMY BRADFORD as the Personal Representative of the Estate of WARREN MICHAEL BRADFORD is attached as Exhibit 2. 3. Defendant, Discount Tire Co., (Discount Tire) is a Florida corporation with its principal place of business in Arizona. Discount Tire does business in the State of Florida through its company-owned stores. Discount Tire may be served with process by serving its registered agent CT Corporation System, 1200 S. Pine Island Road, Plantation, FL 33324. JURISDICTION 4. This is an action for damages which exceed the sum of Fifteen Thousand Dollars. 5. This action is brought pursuant to the Florida Wrongful Death Act, F.S.A. §768.16, et seq. a. The only survivor of the Estate of MICHAEL BLAZE BRADFORD, deceased, is Tammy Bradford, his wife and only surviving heir b. The only survivor of the Estate of WARREN MICHAEL BRADFORD, deceased, is Tammy Bradford, his mother and only surviving heir. VENUE 6. Venue in Volusia County, Florida is proper and appropriate since the cause of action arose or accrued in Volusia County, Florida. FACTS 7. On February 13, 2017 decedent, Michael Blaze Bradford took his vehicle to Discount Tire in St. Augustine, Florida where he purchased two new tires. The new tires were 2 placed on the rear of the vehicle. The employees at Discount Tire did not warn Plaintiff about the aged tires remaining on his vehicle. One of those remaining tires is the subject tire in this case. 8. On Thursday, June 1, 2017 at approximately 3:43 p.m. on Interstate 95 (State Road 9), 3 miles south of the City of New Smyrna Beach, Volusia County, Florida, Michael Blaze Bradford, decedent was the driver of a 1999 Ford F-250 Supercab Pick-up truck. 9. Michael Blaze Bradford was properly operating his 1999 Ford F-250 travelling northbound on Interstate 95 when suddenly and without warning experienced a catastrophic tread separation of the Michelin tire mounted on the left front of the Ford F-250. 10. As a direct result of the tire tread separation, the Ford F-250 departed the paved roadway onto the center median. The vehicle's undercarriage struck a concrete culvert and then struck an embankment. The vehicle entered a wooded area in the median while airborne. The vehicle's passenger side and top struck a group of trees, then fell to final rest on its roof facing west. 11. Michael Blaze Bradford was fatally injured as a result of the motor vehicle accident. The decedent's son, and only child, Warren Michael Bradford was a passenger in the vehicle and also died as a result of the accident. 12. The tire which sustained the tread separation (subject tire) was manufactured by Michelin North America, Inc. at its Dothan, Alabama plant during the 47th week of 2003. 13. The subject tire was designated as follows: BF Goodrich Rugged Trail T/A; DOT: B7W8 BUl 1 4703. COUNT I NEGLIGENCE AS TO DISCOUNT TIRE 14. The Plaintiff realleges Paragraphs 1 through 13 and incorporates them herein by reference. 3 15. Defendant, Discount Tire, by and through their officers, employees, agents, and representatives, committed acts of omission and commission, which collectively and severally, constituted negligence and which proximately caused the incident and resulted in the death of Michael Blaze Bradford and his son, Warren Michael Bradford. 16. Discount Tire's negligence includes, but is not limited to the following: a. Failing to inform or warn the Plaintiff of the subject tire's dangers including an impending tread separation that were known, or should have been known by Discount Tire; b. Failing to properly inspect for and/or identify any potential conditions in the subject tire that could or may have increased the likelihood of a tread separation; c. Failing to warn Plaintiff of the dangers presented with driving on an aged tire: d. Failing to properly train its employees with regard to tire inspections and tire safety; e. Failing to implement a system to train employees and/or failure to enforce policies and procedures concerning inspections of tires and tire safety; f. Installing tires that were the wrong size and/or fitment for the subject vehicle, which adversely affects the handling and increases the rollover propensity of the subject vehicle; g. Installing tires that were not the same size and/or fitment as the other tires on the subject vehicle, which adversely affects the handling and increases the rollover propensity of the subject vehicle; and h. Rotating to the front of the subject vehicle (a Ford F250) the dangerous and hazardous aged subject tire (fourteen years old) with known tire failure issues including, but not limited to, a propensity and/or unreasonable risk for tread 4 separations. This Defendant knew or should have known about vehicle handling issues associated with front tire tread separations on the F250. 17. As a direct and proximate result of the negligence of Discount Tire, the subject tire failed in service causing the subject vehicle to veer out of control and roll over resulting in the death of Michael Blaze Bradford and his son, Warren Michael Bradford. 18. Plaintiff, Tammy Bradford, seeks all damages to which she is entitled pursuant to the Florida Wrongful Death Act, including all damages for the mental pain and anguish from Michael Blaze Bradford and Warren Michael Bradford's date of death until the expiration of the her life expectancies, any loss of net accumulations, and any other losses or damages to which she or the estate may be entitled to including interest, prejudgment interest, and the cost and expenses of this litigation. Plaintiff additionally seek damages and reimbursement for all funeral and related expenses. WHEREFORE, as a direct and proximate result of the negligence of the Defendant, the Plaintiff suffered losses as described above and demands judgment for damages against Defendant Discount Tire, together with costs of suit, and further demands a jury trial on all issues triable by jury. COUNT II LOSS OF CONSORTIUM —SPOUSE 19. The Plaintiff realleges paragraphs 1-15 and incorporate them herein. 20. That as a direct and proximate result of the Defendant's negligence and carelessness, Tammy Bradford has suffered psychological injuries, has been and will be deprived of her spouse, Michael Blaze Bradford's services, comfort, society and attention and has incurred reasonably value or expenses of funeral expenses such damages are compensable under Florida's Wrongful Death Act. Plaintiff seeks all damages to which the decedent's spouse is entitled 5 pursuant to the Florida Wrongful Death Act, including damages for her mental pain and anguish from Michael Blaze Bradford's death, any loss of net accumulations and any other loss or damages to which the spouse or the estate may be entitled to including interest, prejudgment interest and the costs and expenses of litigation. Plaintiff additionally seeks damages and reimbursements for all funeral and related expenses. WHEREFORE, Plaintiff demands judgment against the Defendant for compensatory losses and damages and for the costs and expenses of this litigation, plus interests including any prejudgment interest to which the Plaintiff may be entitled. Plaintiff further claims and requests trial by jury. COUNT III LOSS OF CONSORTIUM -CHILD 21. The Plaintiff realleges paragraphs 1-15 and incorporate them herein. 22. That as a direct and proximate result of the Defendant's negligence and carelessness, Tammy Bradford has suffered psychological injuries, has been and will be deprived of her child, Warren Michael Bradford's comfort, society and attention and has incurred reasonably value or expenses of funeral expenses such damages are compensable under Florida's Wrongful Death Act. Plaintiff seeks all damages to which the decedent's parent is entitled pursuant to the Florida Wrongful Death Act, including damages for her mental pain and anguish from Warren Michael Bradford's death, any loss of net accumulations and any other loss or damages to which the parent or the estate may be entitled to including interest, prejudgment interest and the costs and expenses of litigation. Plaintiff additionally seeks damages and reimbursements for all funeral and related expenses. WHEREFORE, Plaintiff demands judgment against the Defendant for compensatory losses and damages and for the costs and expenses of this litigation, plus interests including any 6 prejudgment interest to which the Plaintiff may be entitled. Plaintiff further claims and requests trial by jury. Date: December 10, 2020 Respectfully submitted, KASTER, LYNCH, FARRAR & BALL, LLP By: /s/ Skip Edward Lynch Skip Edward Lynch Skip@thetirelawyers.com Florida Bar No. 0021085 daneen@thetirelawyers.com jessica@thetirelawyers.com Bruce R. Kaster Florida Bar No. 200271 brk@thetirelawyers.com josh@thetirelawyers.com 125 N.E. 1st Avenue, Suite 3 Ocala, FL 34470 Phone: 352-622-1600 Fax: 352-622-1611 COUNSEL FOR PLAINTIFF 7