Skip to main content
EVENT TRACKER
Keep track of rescheduled, canceled industry events with our COVID-affected event tracker - Powered by Snap Finance
Close
Sister Publication Links
  • Rubber & Plastics News
  • European Rubber Journal
tb-logo
Subscribe
  • Login
  • Register
  • Subscribe
  • News
    • OPINION
    • CORONAVIRUS
    • AUTO INDUSTRY
    • BUSINESS/FINANCIAL
    • COMMERCIAL TIRE
    • FACTORY FIXES
    • GOVERNMENT & LAW
    • INTERNATIONAL
    • MOTOR SPORTS
    • NEW PRODUCTS
    • RETAIL TIRES
    • SERVICE ZONE
    • SEMA/AAPEX
    • SMALL BUSINESS
    • TIRE MAKERS
    • SPONSORED CONTENT
    • COVID takes dealers for roller-coaster ride
      A year later, pandemic's full tire industry impact unclear
      Tire Cologne canceled; rescheduled until 2022
      New round of Paycheck Protection Program funding opens
    • DTM switches horses mid-stream; awards race tire contract to Michelin
      Icahn Auto trims fiscal 2020 operating loss despite 14% lower sales
      Oshkosh unit gets contract for new USPS local delivery vehicle
      Sumitomo adds treadwear-detection to 'Sensor Core' toolkit
    • F1 extends Pirelli's supply contract through 2024
      Titan eyes solid recovery in 2021 as ag sector rebounds
      4 Wheel Parts celebrates 60th anniversary with deals, promotions
      CarAdvise partnering with RepairSmith mobile repair services
    • Goodyear joins connected mobility pilot program in Ohio
      Michelin launches high-scrub, weight-sensitive X One Multi T trailer tire
      TRAC Intermodal redirects retread biz 100% in-house
      Giti rolling out range of GT Radial-brand urban/regional truck tires
    • USTMA joins coalition supporting passage of Equality Act
      McMahon's Best-One increases its minimum wage to $15
      Oshkosh unit gets contract for new USPS local delivery vehicle
      Conti recalling 94,000 Conti-, General-, Barum-brand LT/SUV tires
    • F1 extends Pirelli's supply contract through 2024
      Maxam adding multipurpose radial, solid OTR tires
      Goodyear names Patterson to lead Cooper integration efforts
      DTM switches horses mid-stream; awards race tire contract to Michelin
    • F1 extends Pirelli's supply contract through 2024
      DTM switches horses mid-stream; awards race tire contract to Michelin
      Bridgestone World Solar Challenge canceled due to pandemic restrictions
      Pirelli, Goodyear ink sedan racing series contracts in Canada, Europe
    • Snap-on debuts Triton-D10 diagnostic tool with scan, lab scope capabilities
      Maxam adding multipurpose radial, solid OTR tires
      Michelin launches high-scrub, weight-sensitive X One Multi T trailer tire
      Giti rolling out range of GT Radial-brand urban/regional truck tires
    • COVID takes dealers for roller-coaster ride
      Investment groups to acquire Mavis Tire network
      Vogue Tyre offers $75 rebate on set of 4 tires during March
      4 Wheel Parts celebrates 60th anniversary with deals, promotions
    • Snap-on debuts Triton-D10 diagnostic tool with scan, lab scope capabilities
      Pennzoil offering carbon-neutral lubricants for passenger cars
      Washington dealership uses new-school solution for recruiting auto techs
      Marinucci: Customers may ignore dangerous conditions
    • TIA seeking nominations for Tire Industry Hall of Fame
      SEMA survey shows resilient auto aftermarket in 2020
      SEMA scholarships and loan forgiveness now available
      WTC hosting webinar Jan. 20 on load-capacity standards
    • SEMA survey shows resilient auto aftermarket in 2020
      Trade groups oppose minimum wage increase proposal
      New stimulus package fixes PPP loan confusion
      Vaccine may usher sense of normalcy
    • Goodyear joins connected mobility pilot program in Ohio
      Titan eyes solid recovery in 2021 as ag sector rebounds
      Michelin launches high-scrub, weight-sensitive X One Multi T trailer tire
      Goodyear names Patterson to lead Cooper integration efforts
    • Sponsored By Yokohama Tire Company
      7 questions to ask consumers when they need tires for a crossover SUV
      Sponsored By Yokohama Tire Company
      Stocking Tires for Crossover SUVs
      Sponsored By AppointmentPlus
      Three Important Lessons Learned for the Tire Business During a Pandemic
      Sponsored By Yokohama Tire Company
      7 questions to ask consumers when they need tires for a crossover SUV
  • SHOP FLOOR
    • BALANCING
    • DEMOUNTING
    • SAFETY
    • TIRE REPAIR
    • TPMS
    • TRAINING
    • VEHICLE LIFTING
    • WHEEL TORQUE
    • Video: Balancing Tire
      Safety tips for wheel balancing
      An introduction to wheel balancing
      Wheel weights: Balancing form with function
    • Video: Demounting
      Tire changer types, tips and trends
      How to clear rim rust and corrosion
      An introduction to demounting, mounting and inflation
    • Video: Safety
      Customers
      Considerations for shop safety policies
      Introduction: Creating a culture of safety
    • Video: Tire Repair
      Essential tools, materials and equipment for tire repair
      An introduction to tire repair
      How to properly patch a puncture
    • Video: TMPS Service
      The life-saving work of TPMS
      An introduction to TPMS service
      The importance of proper relearn procedures
    • Video: Training
      Internship ideas to attract tech talent
      Choosing the right auto service tech school
      Intro: Finding and training technicians
    • Video:Vehicle Lifting
      The gravity of proper lift points
      Safety essentials when using jack stands
      An introduction to lifts and lift safety
    • Video: Wheel Torque
      The importance of torque specifications
      Introduction to proper wheel installation
      Torque check and recheck recommendations
  • Multimedia
    • VIDEOS
    • PHOTOS
    • PODCASTS
  • Events
    • ASK THE EXPERT
    • LIVESTREAMS
    • WEBINARS
    • SEMA LIVESTREAMS
  • Data
    • DATA STORE
  • Resources
    • DIRECTORY
    • CLASSIFIEDS
  • ADVERTISE
  • DIGITAL EDITION
  • Awards
    • Tire Dealer Humanitarian Award
MENU
Breadcrumb
  1. Home
  2. News
July 31, 2015 02:00 AM

Judge orders Goodyear to pay damages to Ariz. family

Tire Business Staff
  • Tweet
  • Share
  • Share
  • Email
  • More
    Print

    By Miles Moore, Senior Washington reporter

    PHOENIX (July 31, 2015) — Goodyear must pay an Arizona family more than $2.74 million in damages and also tell plaintiffs in future cases how a federal judge found the tire maker had acted in bad faith in the case.

    This was the determination of the U.S. Court of Appeals for the Ninth Circuit July 20, in Goodyear's appeal of a product liability case first filed in an Arizona federal court in 2005.

    The district court did not abuse its discretion in finding that Goodyear acted in bad faith, or in awarding both monetary and non-monetary damages, wrote Ninth Circuit Judge Milan J. Smith Jr. in the majority opinion.

    “The district court's imposition of non-monetary sanctions against Goodyear was balanced, narrowly tailored and imposed no sanctions beyond what was necessary to remedy what the district court perceived as an ongoing problem in Goodyear's litigation,” Judge Smith wrote.

    Judge Paul J. Watford dissented, agreeing with the majority on the allegations of misconduct against Goodyear, but said he would have vacated the monetary damages.

    “The record did not establish a causal connection between the lawyer's misconduct and the jury's inability to reach a verdict,” Judge Watford wrote in his dissent. “The record in this case is similarly devoid of evidence establishing a causal link between Goodyear's misconduct and the fees awarded.”

    The genesis of the case was a 2003 accident involving the failure of a Goodyear G159 tire mounted OE on a Gulf Stream motor home. Leroy Haeger, his wife Donna, and children Barry and Suzanne were injured in the crash.

    Mr. Haeger and his insurance company, Farmers Insurance Group, filed suit in 2005, claiming that G159 tires were never meant to be installed on motor homes.

    On April 24, 2010, the first day of trial in the Haeger case, Goodyear and the Haegers announced a settlement. However, in February 2012, the district court proposed sanctions against Goodyear, Hancock and Musnuff, accusing them of failing to produce relevant testing data and then lying about that failure.

    “Without having the relevant information in their possession due to the sanctionees' deceit, the Haegers apparently settled for a small fraction of what they might otherwise have done,” Judge Smith wrote in his decision.

    In a 66-page document issued Nov. 8, 2012, Judge Roslyn O. Silver of the Arizona district court sanctioned Goodyear and its attorneys, Graeme Hancock and Basil Musnuff, charging them with deliberately withholding documents in the Haeger case.

    Judge Silver ordered Goodyear and the attorneys to pay more than $2.7 million in attorneys' fees and costs to the Haeger family, and also ordered Goodyear to file a copy of her decision with any court considering a case involving the G159 tire. She did, however, rule that Goodyear could petition the Arizona court to be excused from this requirement on a case-by-case basis.

    “Goodyear and its attorneys developed a strategy, implemented in this case to great effect, to resist all legitimate discovery, withhold obviously (italics Judge Silver's) responsive documents, allow plaintiffs and their experts to operate under erroneous facts, disclose small subsets of documents as late as possible, and otherwise turn this case based on a motor vehicle accident into an Arizona version of Jarndyce and Jarndyce,” Judge Silver wrote.

    The Jarndyce and Jarndyce reference was an endless court case created by Charles Dickens in his novel, Bleak House.

    In 2013 the Haeger family had re-sued Goodyear and its attorneys for allegedly withholding documents in the then-8-year-old case.

    Regarding the appeals court decision, Goodyear issued a one-sentence statement: “We are disappointed with the decision and are considering our options.”

    To reach this reporter: [email protected]

    Letter
    to the
    Editor

    Do you have an opinion about this story? Do you have some thoughts you'd like to share with our readers? Tire Business would love to hear from you. Email your letter to Editor Don Detore at [email protected].

    SIGN UP FOR NEWSLETTERS
    EMAIL ADDRESS

    Please enter a valid email address.

    Please enter your email address.

    Please verify captcha.

    Please select at least one newsletter to subscribe.

    Newsletter Center

    Staying current is easy with Tire Business delivered straight to your inbox.

    SUBSCRIBE TODAY

    Subscribe to Tire Business

    SUBSCRIBE
    Connect with Us
    • Facebook
    • LinkedIn
    • Twitter
    • RSS

    Our Mission

    Tire Business is an award-winning publication dedicated to providing the latest news, data and insights into the tire and automotive service industries.

    tb-logo
    Reader Services
    • Contact Us
    • About Us
    • Site Map
    • Industry Sites
    • Order Reprints
    • Customer Service: 877-320-1716
    Partner Sites
    • Rubber & Plastics News
    • European Rubber Journal
    • Automotive News
    • Plastics News
    • Plastics News China
    • Urethanes Technology
    RESOURCES
    • Advertise
    • Privacy Policy
    • Privacy Request
    • Terms of Service
    • Media Guide
    • Editorial Calendar
    • Classified Rates
    • Digital Edition
    • Careers
    • Ad Choices Ad Choices
    Copyright © 1996-2021. Crain Communications, Inc. All Rights Reserved.
    • News
      • OPINION
      • CORONAVIRUS
      • AUTO INDUSTRY
      • BUSINESS/FINANCIAL
      • COMMERCIAL TIRE
      • FACTORY FIXES
      • GOVERNMENT & LAW
      • INTERNATIONAL
      • MOTOR SPORTS
      • NEW PRODUCTS
      • RETAIL TIRES
      • SERVICE ZONE
      • SEMA/AAPEX
      • SMALL BUSINESS
      • TIRE MAKERS
      • SPONSORED CONTENT
    • SHOP FLOOR
      • BALANCING
      • DEMOUNTING
      • SAFETY
      • TIRE REPAIR
      • TPMS
      • TRAINING
      • VEHICLE LIFTING
      • WHEEL TORQUE
    • Multimedia
      • VIDEOS
      • PHOTOS
      • PODCASTS
    • Events
      • ASK THE EXPERT
      • LIVESTREAMS
      • WEBINARS
      • SEMA LIVESTREAMS
    • Data
      • DATA STORE
    • Resources
      • DIRECTORY
      • CLASSIFIEDS
    • ADVERTISE
    • DIGITAL EDITION
    • Awards
      • Tire Dealer Humanitarian Award