The accident in Moreno v. Ford occurred on May 24, 2006, when a 12 year-old Firestone Radial ATX Tire suffered a tread separation or a belt separation that precipitated a fatal accident. The Ford Explorer slid off the road and rolled over multiple times. Although all of the vehicle occupants were wearing safety belts, 11 year-old William Moreno suffered massive head trauma and died.
According to the plaintiff, the defective tire was a spare tire that had been in the vehicle since 1994, and was negligently rotated into service in January, 2006, by American Tire Depot, even though the tire had been recalled.
According to the defense, road conditions were optimal for handling a tire separation emergency, and the driver could have safely stopped the vehicle without leaving the road, but instead turned the wheel right, which was an unsafe turning maneuver.
In addition, the defense asserted that the William Moreno suffered a fatal head injury due to a failure of the Ford seatbelt system.