STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF BERRIEN HARISHKUMAR PATEL, Case No. 12- 0330-NP Hon. 747,Var Plaintiff, JOHN E V. iNd;Al-13 THE REINALT-THOMAS CORPORATION d/bla DISCOUNT TIRE COMPANY, a Michigan corporation, THE GOODYEAR TIRE & RUBBER COMPANY, a foreign corporation, Defendants. DUPLICAI t.3„ CRAIG E. HILBORN (P43661) KEVIN C. RIDDLE (P57435) HILBORN & HILBORN, P.C. Attorneys for Plaintiff 999 Haynes St., Ste. 205 Birmingham, MI 48009 (248) 642-8350 craig@hilbornlaw.com kevin hilbornlaw.com I COMPLAINT AND JURY DEMAND NOW COMES, Plaintiff, Harishkumar Patel, by and through his attorneys, Hilborn & Hilborn, P.C., and with his Complaint, states as follows: 1. Plaintiff Harishkumar Patel is a resident of the City of Benton Harbor, County of Berrien, State of Michigan. 2. Defendant The Reinalt-Thomas Corporation dlbla Discount Tire Company ("Discount Tire") is a Michigan corporation, which conducts systematic and continuous business in the County of Berrien, State of Michigan. Defendant The Goodyear Tire & Rubber Company ("Goodyear") is an 3. Ohio corporation doing business in the State of Michigan. That Plaintiff purchased Pathfinder All Terrain tires manufactured by 4. Goodyear from Discount Tire in Benton Harbor, Michigan; one of which had serial number PJ601RLV1605. That Pathfinder All Terrain tires are manufactured by Goodyear and 5. private label branded by Discount Tire. That Discount Tire's website states that the tires are "designed and 6. created to meet the exceptionally high standards of Discount Tire". 7. On July 6, 2012, Plaintiff was traveling northbound on US 31 in Berrien Springs, Michigan in his 1998 Nissan Pathfinder when the belt for the passenger tire separated causing a loss of control and rollover, resulting in Plaintiff becoming a quadriplegic. 8. That venue is proper in this Honorable Court. 9. That the amount in controversy in this matter is in excess of TWENTY FIVE THOUSAND and 00/100 ($25,000.00) DOLLARS, exclusive of costs, interest and attorney fees. 10. That this Honorable Court has personal jurisdiction over Defendants 11. That this Honorable Court has subject matter jurisdiction. herein. COUNT I — NEGLIGENT PRODUCTION AS TO ALL DEFENDANTS 12. Plaintiff restates and re-alleges the forgoing as if fully set forth herein. 13. Defendants owed a duty to Plaintiff to place a reasonably safe tire into the stream of commerce free of defects. 14. Defendants negligently designed, tested, approved, manufactured, and "produced" the tire in that it failed to exercise reasonable care to prevent the tire from creating an unreasonable risk of harm to a person who might reasonably be expected to use it in an expected or reasonably foreseeable manner in one or more of the following ways: 14. a. By "producing", specifying, designing and/or manufacturing a tire that contained manufacturing, installation, assembly, design and/or "production" defects that caused the belt separation. b. By negligently failing to adequately test and failing to use adequate quality control procedures to alert it to manufacturing and or "production" defects. c. Other acts of negligence that may become known through the course of discovery. Defendants expected the tires to reach and it did reach the consumer without substantial change to the condition in which Defendants produced and sold it. 15. That as a direct and proximate consequence of the negligent or grossly negligent acts and/or omissions of the Defendants, Plaintiff has suffered and will continue to suffer in the future, the following damages: severe, permanent and irreversible neck and back injuries including, but not limited to quadriplegia, paralysis, pain and suffering, emotional anguish, permanent disability, and dysfunction, lost earnings, lost earning capacity, attendant care services, hospitalization, medical expenses and services, rehabilitative costs and services, physical therapy costs and services, vocational therapy costs and services, home modifications, vehicle modifications, therapy modifications, wheelchair(s), assistive devices, replacement services, psychological and behavioral damages, and any other damages incidental to the total loss of body function below the neck. WHEREFORE Plaintiff prays for an award of damages to be fixed by the trier of fact in a reasonable amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) against Defendants. Additionally, Plaintiff asks for costs of this action, all pre-judgment and post-judgment interest as provided by law and such other relief as the Court deems appropriate. COUNT II — GROSS NEGLIGENCE AS TO ALL DEFENDANTS 16. Plaintiff restates the above paragraphs as if fully set forth herein, 17. The tire was defective at the time it was "produced". 18. Defendants had actual knowledge of the defect and of the substantial likelihood that the defect(s) would cause Plaintiff injuries. 19. Defendants willfully disregarded that knowledge. 20. That as a direct and proximate consequence of the negligent or grossly negligent acts and/or omissions of the Defendants, Plaintiff has suffered and will continue to suffer in the future, the following damages: severe, permanent and irreversible neck and back injuries including, but not limited to quadriplegia, paralysis, pain and suffering, emotional anguish, permanent disability, and dysfunction, lost earnings, lost earning capacity, attendant care services, hospitalization, medical expenses and services, rehabilitative costs and services, physical therapy costs and services, vocational therapy costs and services, home modifications, vehicle modifications, therapy modifications, wheelchair(s), assistive devices, replacement services, psychological and behavioral damages, and any other damages incidental to the total loss of body function below the neck. 21. WHEREFORE Plaintiff prays for an award of damages to be fixed by the trier of fact in a reasonable amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) against Defendants. Additionally, Plaintiff asks for costs of this action, all pre-judgment and post-judgment interest as provided by law and such other relief as the Court deems appropriate. COUNT III — BREACH OF IMPLIED WARRANTY AS TO ALL DEFENDANTS 22. Plaintiff restates the above paragraphs as if fully set forth herein. 23. Defendants knew or had reason to know the particular purposes for which the tire was to be used and that purchasers and users such as Plaintiff would rely on Defendants skill or judgment in designing, testing, manufacturing, installing and/or furnishing goods suitable for such purposes and uses 24. The tire was not fit for the particular purposes for which they were intended and for which they were used. 25. The defective condition of the tire constitutes a breach by Defendants of express or implied warranties, rendering them liable for the injuries sustained by the Plaintiff. 26. That as a direct and proximate consequence of the breach of implied warranty by Defendants, Plaintiff has suffered and will continue to suffer in the future, the following damages: severe, permanent and irreversible neck and back injuries including, but not limited to quadriplegia, paralysis, pain and suffering, emotional anguish, permanent disability, and dysfunction, lost earnings, lost earning capacity, attendant care services, hospitalization, medical expenses and services, rehabilitative costs and services, physical therapy costs and services, vocational therapy costs and services, home modifications, vehicle modifications, therapy modifications, wheelchair(s), assistive devices, replacement services, psychological and behavioral damages, and any other damages incidental to the total loss of body function below the neck. 27. WHEREFORE Plaintiff prays for an award of damages to be fixed by the trier of fact in a reasonable amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) against Defendants. Additionally, Plaintiff asks for costs of this action, all pre-judgment and post-judgment interest as provided by law and such other relief as the Court deems appropriate. Respectfully submitted: BORN (P43661) AlE. EVIN C. RIDDLE (P57435) Attorneys for Plaintiff 999 Haynes St., Ste. 205 Birmingham, MI 48009 (248) 642-8350 Dated: November 13, 2012 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF BERRIEN HARISHKUMAR PATEL, Case No. 12- Hon. Plaintiff, -NP V. THE REINALT-THOMAS CORPORATION d/b/a DISCOUNT TIRE COMPANY, a Michigan corporation, THE GOODYEAR TIRE & RUBBER COMPANY, a foreign corporation, Defendants. CRAIG E. HILBORN (P43661) KEVIN C. RIDDLE (P57435) HILBORN & HILBORN, P.C. Attorneys for Plaintiff 999 Haynes St., Ste. 205 Birmingham, MI 48009 (248) 642-8350 craig@hilbornlaw.corn kevinhilbornlaw.corn PLAINTIFF'S JURY DEMAND NOW COMES Plaintiff, by and through her attorneys, and hereby demands trial by jury in the above captioned matter. Dated: November 13, 2012 IG E ILBORN (P43661) KEVIN C. RIDDLE (P57435) Attorneys for Plaintiff 999 Haynes St., Ste. 205 Birmingham, Ml 48009 (248) 642-8350