February 4, 2002

FOR MORE INFORMATION, CONTACT:

Jonathan Hutson, TLPJ, 202-797-8600 x 246
Rebecca Epstein, TLPJ, 202-797-8600 x 239

The efforts of Trial Lawyers for Public Justice (TLPJ) and Consumers for Auto Reliability and Safety (CARS) to unseal documents about the dangers of Goodyear Load Range E light truck tires have resulted in a major victory for public safety. In a letter sent on January 28, 2002 and obtained by TLPJ today, Goodyear notified the National Highway Traffic Safety Administration (NHTSA) that it will voluntarily replace 200,000 Load Range E tires. This announcement follows on the heels of TLPJ’s recent victory in Frankl v. Goodyear Tire and Rubber Co., in which the Superior of New Jersey vowed to "rigorously" test Goodyear’s confidentiality claims about tire safety information. Goodyear admits that the tires have been linked to fatalities in tread separation accidents, but insists the information about the tires’ safety should be secret.

In November 2000, just weeks after TLPJ filed motions on behalf of CARS to challenge Goodyear’s efforts to keep its tire safety records sealed, NHTSA opened a preliminary investigation into the safety of the Load Range E tires. In response to Goodyear’s recall – which is limited to Load Range E tires that are installed on 15-passenger vans and ambulances – NHTSA announced that it will close the investigation.

"We are thrilled that Goodyear has decided to replace some of these tires," said TLPJ Staff Attorney Rebecca Epstein, who argued the motion to intervene and lift the protective order to unseal the documents in Frankl. "This limited recall, however, only underscores the need for Goodyear to stop trying to hide the facts about its Load Range E tires. Goodyear should let the public know the truth and not just selectively recall a small fraction of the millions of these tires on the road."

TLPJ is seeking to force public disclosure of all improperly sealed documents in Frankl, a case filed after three U.S. Air Force personnel riding in a General Motors Suburban were killed and three others were injured when a Goodyear tire came apart and the vehicle rolled over. TLPJ represents CARS, a national, non-profit, automobile and consumer safety organization that works to promote auto safety and prevent motor vehicle-related deaths, injuries, and economic losses through public policy and advocacy. Goodyear sells the Load Range E tires at issue in Frankl tires under numerous names, including Goodyear Wrangler AT and HT, Goodyear All-Season Workhorse, Kelly-Springfield Power King, and Kelly-Springfield Trailbuster. They are primarily used on passenger vans, large sport utility vehicles, and light trucks.

"We will keep fighting to get to the truth about the safety of these tires," said Rosemary Shahan, president of CARS. "Over 20 million Load Range E tires are still on the road, with a history of at least 86 crashes leading to 18 deaths and 158 injuries. This limited recall is only the beginning."

On December 18, 2001, TLPJ won an important decision in Frankl, where the court granted its motion to intervene and held that Goodyear’s efforts to keep its tire safety records secret would have to be justified. The decision required Goodyear to provide TLPJ with a sealed affidavit, which Goodyear claims supports its confidentiality claim. TLPJ plans to file a response to the affidavit by March 18, 2002, and to continue pressing for public access to documents believed to contain important information about the dangers of Goodyear’s Load Range E tires. Such efforts could result in a broader recall.

TLPJ’s challenge in Frankl is part of Project ACCESS, its 13-year, nationwide campaign against unnecessary court secrecy. Through Project ACCESS, TLPJ helps victims oppose unduly restrictive protective orders, intervenes in specific cases to fight for the public’s right to know, and educates the courts and the public about the problems posed by litigation in secret.

In addition to Epstein, TLPJ’s legal team in Frankl includes TLPJ Executive Director Arthur Bryant, and Chris Placitella and Robert T. Haefele of Wilentz, Goldman & Spitzer in Woodbridge, New Jersey.

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Trial Lawyers for Public Justice is the only public interest law firm dedicated to using trial lawyers’ skills and resources to advance the public good. Founded in 1982, TLPJ utilizes a network of more than 2,500 of the nation’s outstanding trial lawyers to pursue precedent-setting and socially significant litigation. TLPJ has a wide-ranging litigation docket in the areas of consumer rights, worker safety, civil rights and liberties, toxic torts, environmental protection, and access to the courts. TLPJ is the principal project of The TLPJ Foundation, a not-for-profit membership organization headquartered in Washington, DC, with a West Coast office in Oakland, California. The TLPJ web site address is www.tlpj.org. The CARS web site address is www.carconsumers.com.

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