LOS ANGELES – The son of a Lancaster man who died in a 2012 rollover crash after a tire blowout testified Friday that he was unaware his father had not survived the accident until he woke up in a hospital.
“I woke up and there were one or two nurses around,” said Daniel Akins, who along with his mother and sister are suing Wal-Mart Stores Inc. “I thought he was still alive and I asked where he was. They told me he didn’t make it.”
Akins, 27, said his immediate reaction as he heard the news at Kern County Medical Center in Bakersfield was denial.
“I couldn’t get the words out, but I wanted to tell them it (their statement) was a mistake,” Akins said.
Akins, his 61-year-old mother, Diann Akins, and 31-year-old sister, Esther Pollnow, allege the employees at a Walmart store in Lancaster store should have inspected the 20-year-old spare tire when Diann Akins bought four new tires for her son as a Christmas gift in December 2009.
The spare tire failed when Akins lost control of his 1990 Jeep Cherokee on state Highway 58 on July 24, 2012, about 68 miles from the family’s home, ejecting and killing his 55-year-old father, William.
The two were headed on a Father’s Day camping trip to Kings Canyon National Park. Akins said he put the spare on the left rear of the Jeep after the tire there began losing air shortly before the trip.
The family’s lawyers say the spare tire’s age could easily be determined by coding on the tire. But Wal-Mart lawyers maintain that government and tire industry representatives generally agree that tires need not be replaced based on age alone. They also say there is no evidence to support Diann Akins’s claim that she asked Walmart employees to keep the best tire as the spare.
Akins said he did not immediately know what was happening when he began to lose control of the Jeep before it rolled down an embankment.
“I heard a lot of noise and the car started to pull to the left,” Akins said. “It seemed to be like a fairly violent experience.”
Akins said he also felt “shuddering” from the rear of the Jeep. Wanting to avoid colliding with the tall median wall, Akins said he tried to steer back into the right lane.
“I felt like I wasn’t in control of the car,” he said.
Akins said his injuries included a deep gash on top of his head. He said he also temporarily wore a neck brace and was off work from Starbucks for three to four months.
“It took a while to realize how severe the nerve damage was,” Akins said, adding that he still has pain in both knees.
Diann Akins fought back tears as she recalled how excited her husband was that their son was taking him camping.
“It was a belated Father’s Day trip,” she said.
The morning that father and son departed, both were in a leisurely mood and the elder Akins was singing “Oh Danny Boy,” she testified.
She said she was on a computer looking at home improvement store websites later that day when her cell phone rang. She said she did not recognize the number from the hospital.
“Your son has been in an accident,” she said someone on the phone told her.
She said she asked to speak to her husband, but was passed more than once to another person and was finally given an address to the hospital. She got into her car and drove to Bakersfield, where she was met at the hospital by a doctor and nurse who asked her to follow them.
She said that when she reached the emergency room, she found her injured son, who apologized to her for the accident and asked her not to leave.
A hospital chaplain later told her in a hallway that her husband had died.
“I found out he was in the morgue in the other side of the hospital,” she said, testifying that her emotions overtook her.
“I remember waking up in a gurney,” she said.
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Magnetlady says
I purchased 4 NEW TIRES for my SUV, however, I requested that the ”Technicians” check my Spare Tire too… Luckily that tire was 11 yrs. old & I replaced it then… Most Tire Technicians are NOT REQUIRED to check the Spare tire too… IF the NEW TIRE was leaking air, he should have taken it back to find out why, it might just be a bad rim or ran over a nail..
Sorry for your loss, may he R.I.P.
Laughing says
Walmart should have installed a speed limiter that prevented him from going over the speed limit. Also install a check your own equipment chip in the brains of all customers.
2009 to 2012 is 3 years of that spare sitting around being weathered with no load. Most people run their tires way longer than recommended so it likely was old when it became a spare. Most people drive at normal highway speeds on their spares and that is never a good idea unless your spare is a brand new tire. Slow down.
In his defense most young drivers have not experienced a blow out. I had mine on the 5 while passing another pickup. He looked at me, I looked at him, my truck started to sink and act funny, he laughed and drove on. It was a funny moment from that drivers perspective, and a valuable lesson learned for me as I tried to change a tire with semi traffic whizzing by.
Me says
At first I didn’t understand why they would sue Walmart, but the more I think about it, it sort of makes sense. You trust that when you ask for them to keep the best tire as the spare, that they’re actually doing that. But it’s not that far of a stretch to see how Walmart employees left the current spare in the car without even checking it.
AVMOM says
I’m sadden at this family’s lost, but this is crazy. How is Walmart responsible? You had a 20 year old tire as ur spare. Plus Mom said save the best one as the spare, well that could have been the best one doesn’t not mean that it was a good tire. And don’t Jeeps keep their spare tires on the back of the Jeep sitting out for 3 years that is a lot of sun wear. Wish everyone the best.
Irena says
But there was a nearly 3 year time lapse between when they purchased new tires and when the spare tire blew. It ultimately falls on the consumer to verify that all tires are in working condition.
L says
The story says that he put the spare on after the new tire started losing air. That’s why he is suing Walmart and most people generally ask for the best tire to be kept as a spare. Employee should have advised tire was too old or stated on paperwork that the tire was not in good repair for spare.
maple says
That “new” tire was already over 3 years old. The tires were purchased in December of 2009. The accident happened in July of 2012. A lot could happen to tires in those years of driving.
Maple
Rego says
Stop frivolous lawsuits, they shoul be charged with Fraud Judge
Along with the crony lawyer. WTFhas this country become anyways.
Why didn’t she just buy 5 tires anyway
RIDICULOUS accusation
Hope the Judge is smart enough to see this BS.
Jim Scimonetti says
I am deeply sorry for you loss. This is a horrible tragedy, but the blame goes to POOR DRIVER TRAINING. People are not taught that part of the responsibility of vehicle ownership is your own personal attention to maintenance.
People are not taught that tires have a “shelf life” of only 6 years. Tire manufactures never talk about this ether. But they all agree the tires on your car should be replaced in 6 years no matter if they are worn or not. Here is how you can check for yourself how old your tire are: http://www.tiresafetygroup.com/tires-expire-in-six-years/
TM says
Condolences to the families loss, but from Dec 2009 , and then summer of 2012, that’s a long way of space in between from the new tire purchase….don’t see how Walmart is at fault for that…..hmmmm
Maple says
Very sad tragedy for the family, but a completely bogus lawsuit. Come on, use some common sense and stop trying to blame. This lawsuit is driven by greed, nothing more.
Spare Tire says
Liberal courts in CA will probably give this one to the family. Walmart will now have a policy that they can never take one of your old tires off and put it on the spare rim. If you want a spare, but a 5th new tire. Maybe even worse. If they inspect your spare and it is old, they will not sell you anything unless you buy the 5th tire too.What a joke.
Spares are just for getting somewhere to get your tire replaced, and driving at a safe slower speed. Most factory equipped spares are only good for 45mph. I bet they were going a little faster.
It’s a tragic story, and the family is surely suffering, but that does not mean Walmart has to pay out big.
Sad says
It’s sad to lose someone so tragically but this is so dumb. Some people will sue for anything. I pray that you find peace. All the money you’re suing for won’t bring it.
Mike says
By any means it’s a tragic loss for the family. I could see if it had been one of the new tires had blown. But don’t see how it’s Walmart’s fault. Why not sue the tire manufacturer or Jeep. Seems like a greedy lawyer came calling and promised the family a pay day. And now anyone who shops at Walmart will pay the price.
I was wondering the same on if the father was seat belted in how was he ejected? I know violent accidents can cause the buckle to be undone, but a roll over? Sue Jeep.
Manny says
Should Walmart also have inspected the brakes when the mother bought new tires there?
Do not die easily says
Also bad is what will happens if/when it is found that it is every owner’s responsibility to abide by the owner’s manual regarding basic inspection procedures and service intervals and since walmart never was instructed to change the spare, the failure of the spare is not their fault. Legal fees are going to kill the rest of the family now. But then maybe walmart may pay anyway out of gesture despite not being criminally at fault for the accident? That is my hope for them.
HopeWalmartWins says
Unbelievable. This is ridiculous! Apparently, anything to try and make money. What a disgrace to bring such lawsuit…
Irena says
This mentions that the father was ejected. Does this mean that he wasn’t wearing a seatbelt?
Devil Woman says
Sorry for your loss but it sounds like your son is just an idiot trying to shake down Walmart for money come on he needs to go back to work and make latte