in the court of appeals of the state - Mississippi Supreme Court

detects internal separations in the tire not visible from the outside. According to Ochs, this
inspection would indicate the “health” of the tires not involved in the accident. Ochs
testified that such separations or cracks in the structure of the tire at one of the tire’s high
stress locations could lead to a tread split or separation of the tread of the upper belt from the
tire structure.
12. Ochs testified that the tire tread on the right-rear tire separated because of the speed
at which the car was being operated, causing chunks of rubber to break away from the
shoulder of the tire and finally resulted in the tread-belt detachment. Ochs testified that the
speed rating on the tire was 112 miles an hour and that Kirby was traveling at the rate of
between 88 and 92 miles per hour. He explained that a speed rating is given by the
manufacturer after “tests are run . . . so that the consumers can get some sort of ranking of
what speed capabilities the tire has.” He said the rating represents at what speed a given tire
can be operated for a sustained period of time under appropriate load conditions with the
appropriate inflating pressure. Ochs testified that the tire wear showed that the tire, which
failed, had been properly inflated. In fact, an employee of a Clinton oil change establishment
testified that he had serviced the car the day before the accident and noted that the tires were
properly inflated.
13. In contrast, Goodyear’s tire analyst, James D. Gardner, testified that his examination
of the right-rear tire showed that the disintegration of the tire was caused by a puncture, and
he showed the jury a cut and gouge on the upper side of the shoulder of the tire. Gardner
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