that's a bit surprising - but nice it turned out well!
I don't think that they wanted the bad publicity of losing in court for starters.
Once served, it went from just a local thing, to head office.
From that point on, a nice lady was handling it over the phone directly with me. Several times she mentioned that they were wanting to deal with it outside of court, and she promised me that they would make it right.
A regional manager became involved, and he drove to PG, where he uncovered that the local store manager had been 'playing games' aka lied. Not only had they got in an identical tire like mine that needed replacement for a damaged bead, but actually had received 42 of them, between the time of my needing 1 tire replaced, and my filing a lawsuit. Most had been sold, but the regional manager found 2 in stock in the store, that had been there for several months. In his own words, when I met him, when he called me, and asked when I could come in and get the new tire put on the new rim " Even if he had not been able to source a new identical tire directly from the warehouse, we have over 300 stores, he could have got one from another store".
Then the regional manager went on to personally install the new tire onto my spare rim himself, balance it, and put it back up under the box where the spare goes, and asked if I would like to pull my F350 in, and get a free tire rotation, which I did. I spend a lot of time in the shop myself, so we actually did it together, and had a good talk while doing so. I couldn't help but notice the store manager was not around, so mentioned that, and the regional manager said " I've found that he was playing games with you, and several other customers, so he is no longer with us".
When I left, felt much better, and was told that if I ever have any more problems to call him directly on his cellphone, and he gave me his card, and direct number. He also told me that corporate would be in contact with me soon to straighten out the lawsuit, and he to said that they hoped to settle out of court.
My lawsuit for $4,428.65 has now been canceled by me, as of yesterday afternoon, so we will not be going to court on October 12th.
I will accept partial blame for not filing sooner.
Had I filed my small claims suit earlier, corporate would have been aware sooner, and this would have been dealt with long ago.
At least it had a satisfactory outcome, and I didn't get a flat tire in the past 10 months, and need the spare.
Technically I did carry a spare, but it didn't match, and was smaller, and only about 20% tread left on a crappy tire.
Being a 4x4 pickup, and locking rear differential, using a different diameter tire is hard on the drivetrain.
I've intentionally left the stores name out of this post, as we are now settled, and they did the right thing, and so I don't want to smear their name.