June 22 is the date set for the California Superior Court at Indio to hear a new motion from Pasadena, Calif., plaintiffs' attorney Joseph L. Lisoni for the certification of a class-action lawsuit seeking the court-ordered recall of at least 30 million Firestone Steeltex tires.
When Judge Christopher Sheldon dismissed the original complaint, he did so without prejudice (see story on page 3), which allowed the case to be refiled, according to Mr. Lisoni. The new motion is scheduled to be heard by the judge, but since Mr. Lisoni has filed a complaint against Judge Sheldon with the State of California Judicial Council accusing him of incompetence, the attorney said he expects another judge will preside at the hearing.
A Bridgestone/Firestone spokesman told Tire Business the Nashville, Tenn.-based tire manufacturer expects to prevail again in court. ``The law and the facts have not changed,'' he said. ``We feel Lisoni has no case, while we have a very strong one.''
Referring to Judge Sheldon, the spokesman explained that BFS believes Mr. Lisoni ``is trying to get him to recuse himself. Judge Sheldon did a very thorough job of studying the motions before him.
``It seems that Lisoni didn't like the message, so he's trying to throw mud at the messenger.''