I think the legal system finally "jumped the shark", if they're actually giving that nonsense any credibility whatsoever. Hopefully it will be tossed in record time.
There are lawyers who argue that because a tire is in contact with the ground and not sliding that the top of the tire at any given moment is going faster than the bottom of the tire which is stopped, so the top of the tire is exceeded the tire's designed speed and is flawed by design which is why the tire tears itself apart at high speeds. The legal system "jumped the shark" a long time ago.