Defendant produces tires for passenger vehicles. These included the Michelin Pilot Super Sport, Ultra High Performance tire in various sizes (“PSS Tire”). These are marketed as ultrahigh performance tires, and are standard equipment on many luxury sports cars, such as the Chevrolet Corvette, BMW, and Mercedes Benz vehicles.
Among the representations made on the Specification Documents are figures and measurements related to tread depth on the tires. Tread depth is a vertical measurement between the top of the tread rubber to the bottom of the tire’s deepest grooves. In the United States, tread depth is measured in increments of one thirty second of an inch (1/32nd inch). Tread depth is typically measured with a tire tread depth gauge.
New tires used on passenger cars typically start with between 9/32″ to 11/32″ of original tread depth, depending on the grand and model. Tires are legally “worn out” and should be replaced in most States when they reach 2/32″ of remaining tread depth. For example, a typical tire that starts with 10/32″ of original tread depth has only 8/32″ of useable tread depth. Its useable tread depth is calculated by subtracting a worn out tire’s 2/32″ from the new tire’s original depth of 10/32″.
Tread depth for the tires at issue in this lawsuit are consistently at least 1/32” less than the tread depth represented by Defendant Michelin in its Specification Documents. Because of that, Plaintiff and Class Members have received approximately 10% to 12.5% less tread depth and usable tread, and therefore an equivalent reduction in tire mileage, use, and value compared to the same tire with tread depth as actually represented by Defendant.