Power King Towmax Defective Tires Class Action Lawsuit Gets Certified

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The plaintiffs in a Power King Towmax STR defective tires class action lawsuit successfully argued to certify a Class of drivers in Florida and Colorado.

The Power King Towmax STR defective tire class action lawsuit alleges that certain trailer tires made by TBC Corporation and Dynamic Tire Corporation are dangerously defective because the tread tends to separate.

The Power King Towmax STR trailer tires are meant to be used on large camping trailers, but because of the tread separation issue, they are rendered useless and even dangerous, according to the plaintiffs.

The Power King Towmax STR defective tire class action lawsuit sought to represent consumers across the nation who bought the affected tires. While a California federal judge agreed to certify Classes of consumers from Florida and California, the judge refused to certify the nationwide Class as well as Classes from California and Wisconsin.

“Because the plaintiffs’ nationwide class claims will require adjudication under the laws of multiple states, plaintiffs must show that common questions predominate over individual legal issues,” U.S. District Court Judge Dolly Gee stated in the order. “Plaintiffs have not done so. The significant number of material differences between the laws of multiple states precludes a finding that common questions predominate.”

Judge Gee pointed out that the Power King Towmax STR defective tire class action lawsuit sought to represent those who purchased trailers with the allegedly defective tires included. The trailer owners likely did not know the brand of tire, and all likely wanted to avoid a tire separation problem.

However, the judge pointed out that the named plaintiffs are all subject to unique defenses based on state laws – a barrier to the typicality requirement of a class action lawsuit. Specifically, the plaintiffs did not rely on representations or omissions by the tire sales people when purchasing the Power King Towmax STR trailer tires.

The judge found that only the consumer laws in the states of Florida and Colorado did not require those who purchased the allegedly defective Power King Towmax STR trailer tires to rely on misrepresentations by the manufacturers about the tires, as well as those selling the tires.

Further, the judge noted that warranty law in Colorado supported the Power King Towmax STR defective tire class action lawsuit claims that the tire sellers breached the warranty by not disclosing the alleged defect.

“Although the exact circumstances of purchase may differ from class member to class member, the alleged concealment injures all (class) members in a similar manner — class members acquire a tire prone to tread separations and are injured the moment they acquire the tire. Thus, individual issues do not predominate,” noted the judge in the order.

According to the Power King Towmax STR defective tire class action lawsuit, the allegedly defective trailer tires are manufactured in China and imported.

The plaintiffs are represented by attorneys Dan C. Bolton, Daniel L. Keller and Stephen M. Fishback of Keller Fishback & Jackson LLP.

The Power King Towmax STR Defective Tire Class Action Lawsuit is Julie Hamilton, et al. v. TBC Corp., et al., Case No. 2:17-cv-01060, in the U.S. District Court for the Central District of California.