Accident Victim Families Get Access to Tire Company Files
Wednesday, January 30th, 2008On the face of it, there’s nothing extraordinary about the lawsuit filed by the families of Utah State University students who were killed in a 2005 crash.
The lawsuit was filed against Cooper Tire, the company that made the tires that blew out as the students were returning to campus from a field trip. The van rolled over several times and the crash killed eight students and an instructor. The families, who have already settled with Chrysler, the maker of the 15-passenger van, have since then focused attention on the tire maker, alleging that their tires were faulty, a charge Cooper denies. Their company, they claim, always makes “safe and reliable tires.” This is where the case stops being ordinary.
The families have now won an order from US Magistrate Paul Werner for access to a wide variety of documents held by Cooper Rubber and Tire Company. This means that the families and their attorneys will have access to numerous documents, reported to run into more than 1.5 million pieces of paper.
Obviously the tire maker is not pleased. It has asked the US 10th Circuit Court of Appeals to throw out Warner’s order, claiming that it would take forever to actually go though the tons of paperwork. Access should only be allowed to documents relating to tires similar to the ones that blew out, the company insists, otherwise there is a danger of trade secrets being leaked.
Could it be that this possibility of trade secret leaks is being used as an excuse to deny access to attorneys to what could be potentially damaging and incriminating evidence against the tire maker? After all, one of the attorneys representing the families of the students is Bruce Kastler, who has been described as the tire industry’s enemy no. 1. The prospect of letting anything even remotely incriminating falling into the hands of Mr. Kastler must surely give Cooper reason to be wary, which is why all the hue and cry about wide access.
Product liability lawyers all over the country will keep their eyes glued to this case in the coming weeks.
If a loved-one has been killed, or you have been injured due to defective tires, you need the help of an experienced California personal injury law firm. Contact an attorney at The Reeves Law Group for a free consultation.