Novak v. Continental Tire of North America

Paula Novak (plaintiff) filed a wrongful-death action against Continental Tire of North America (Continental) (defendant), a tire manufacturer, and Chi Tai (defendant), a vehicle mechanic, for the death of her father, Alex Novak. In 2005, 81-year-old Alex was a passenger in a car driven by Milagros Ibarra, which had an accident when a tire blew out. Six years later, in 2011, Alex died eight days after being hit by a car, whose driver, Mea MD Abdul Quader, failed to yield while Alex was in the crosswalk on his scooter, causing spinal fractures and hemorrhaging. Paula’s theory for why Continental and Tai were responsible for her father’s death was as follows: Continental’s and Tai’s failure to warn Ibarra that the rubber in older tires degrades caused the sudden tire failure in 2005; the tire failure caused the accident; the accident caused Alex to become disabled; the disability caused Alex to utilize a scooter; utilizing a scooter made Alex less able to maneuver than a pedestrian; Alex’s lessened ability to maneuver caused the accident in 2011 between Alex’s scooter and Quader’s vehicle; and the accident caused Alex’s death. Continental and Tai moved for summary judgment, which a trial court granted, finding that there was no causal link between Continental’s and Tai’s conduct, which Paula asserted had caused the tire failure in 2005, and Alex’s death, six years later, eight days after a different traffic accident. Paula appealed.