Product Liability
Aug. 13, 2002
Lawyers Plan Suit on Another Firestone Tire
LOS ANGELES - Attorneys are raising alarms about another tire manufactured by Bridgestone/Firestone, despite a vote of confidence the tire model received earlier this year from federal highway safety officials.
Attorneys Joseph Lisoni and Steven Weinberger, both of Pasadena, plan to file a class action Tuesday alleging that a manufacturing flaw in Bridgestone/Firestone's Steeltex brand R4S, R4SII and A/T tires causes tread failures.
In August 2000, the tire maker came under scrutiny after it acknowledged defects in tires used on the Ford Explorer, which at the time had been linked to 46 deaths and 300 accidents. On Aug. 9 of that year, Firestone conducted a voluntary recall of its ATX, ATII and Wilderness AT tires, which were also used on Excursions.
The next month, the National Highway Traffic Safety Administration opened a defect investigation into Steeltex tires, after 169 consumer complaints about the brand were logged. The tires are used on cargo vans, recreational vehicles and Ford Excursions, some Ford pickups and GMC Suburbans.
This past April, the government agency closed its 16-month preliminary evaluation of the Steeltex, indicating it was unaware of "any specific design or manufacturing defect conditions, either alleged or verified, in any of the subject tires of this investigation."
The tires looked at in the investigation are the same ones Lisoni and his client allege are defective.
Lisoni, however, claims he settled a major case with Firestone earlier this year, though the cash settlement is confidential. The attorney said only that the plaintiffs were involved in an accident in which all the passengers died or were seriously injured.
Their vehicle, which rolled after a tire blowout because of tread separation, was equipped with Firestone R4S tires, according to a written statement released by Lisoni.
Warning notices will be mailed to more than 1,500 Firestone dealers across the United States demanding an immediate recall of the Steeltex tires, Lisoni also said in the statement.
Chris Karbowiak, a spokeswoman for the tire maker, said that since October 2000 the company has put in place an early warning system and database, which keeps track of claims, production numbers, adjustment data and other information.
"We're looking at our tires more closely than other companies," Karbowiak said.
Karbowiak said the lawsuit is a disservice to the public because it instills a fear that isn't warranted.
"There's nothing to justify ... further action with reference to the Steeltex tires," she said. "Even NHTSA said there is nothing wrong with the Steeltex.
"We're very disappointed that someone would take action and cause concern among the driving public, when there's no reason for concern," Karbowiak said.
Attorney Brian Panish said the chances of the case getting class certification are very slim. It would be even harder to attempt to get a court-ordered recall, Panish said.
Last year, Panish won a $55 million jury verdict for a quadriplegic woman who was paralyzed in an accident in which the tire tread on her Continental AmeriTech ST tires separated.
"Courts have disfavored certifications of class actions in personal injury lawsuits because of the individual nature of each plaintiff's claim," Panish said. "There are a wide variety of damage claims that each individual plaintiff has and different liability claims, also."
Panish said the federal appeals court is deciding whether the courts can issue recalls.
The lawsuit will be filed in Riverside County, Lisoni said. The plaintiff is Cathedral City resident Roger Littell.
Leslie Simmons
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424
Send a letter to the editor:
Email: letters@dailyjournal.com