Firestone Settles First De-Tread Tire Case Before Jury Returns
MCALLEN, Texas--Aug. 24, 2001--Today a jury of seven women and two men were still deliberating the case when the parties in first national case involving Firestone's recalled tires reached a compromise agreement. Dr. Joel Rodriguez, his wife Marisa, two of their three young children, and Dr. Rodriguez' brother, Dr. Jorge Rodriguez were all injured in a March 9, 2000, incident involving a failed Firestone Wilderness AT tire.The tire was one of the 6.5 million tires that were recalled when Firestone determined they had a safety-related defect. The Rodriguez settlement is to remain confidential.
"We are very happy that this ordeal is over for our family," said Dr. Joel Rodriguez, an internal medicine specialist from the nearby town of Pharr. "Nothing will ever fully repair the damage that has been done to my wife, my children and my family, but the trial gave this jury, and the rest of the world, the opportunity to see that the actions of Firestone...putting profits over the safety of its customers...were wrong." All of the Rodriguez family members were injured in the incident, however, 39-year-old Marisa Rodriguez, the wife of Dr. Joel Rodriguez suffered a permanent brain injury that will leave her wheelchair bound and disabled for life.
Vowing to take on more battles against Firestone, Mikal C. Watts, co-counsel for the Plaintiffs, said: "Firestone's defective tire has been linked to over 200 deaths and 800 injuries...more than the number of people killed and injured by Timothy McVeigh in the Oklahoma City bombing. We were able to show this jury that the actions of Firestone, when they knew long before this accident of the problems with this tire, resulted in needless suffering for the Rodriguez family, and a national tragedy. This settlement closes the book on the Rodriguez family's ordeal, but does not shut the door on hundreds of other Firestone cases."
Co-counsel Tab Turner from Little Rock, Ark. added: "The Rodriguez family underwent tremendous pressures to settle the case before the jury returned its verdict. We knew what Firestone knows, that many other families are in very similar straits because of these defective tires. However, the family's best interests were served by this agreement. There will be other cases against Firestone, but this was the Rodriguez' only chance to recover for their losses and move on with their lives."
Corpus Christi attorney Guy H. Allison, who presented the damages issues to the jury in closing arguments for the Plaintiffs said: "This family, in this case suffered incredible loss. Marisa Rodriguez was a beautiful and healthy wife and mother before this calamity. She is now debilitated for life and she and her children will never be the same. We believe the jury fully understood that corporate actions that cause this kind of injury cannot and will not be ignored."
The suit alleged that five members of the Rodriquez family were severely injured after the tread peeled off their vehicle's Firestone Wilderness AT tire on March 9, 2000. The tire failure caused the vehicle to go into a slide and eventually roll-over off the road, the suit alleged
Local, national and international media representatives were on hand for the announcement of the verdict. Every major newspaper, television outlet and electronic media source had clamored for details during the rapid, 8-day trial. The trial was held before District Judge Filemon B. Vela in the United States District Court in McAllen, Texas.
Watts noted that the case was moved to Federal Court after months of legal maneuvering by Firestone in an effort to avoid this, the first major trial relating to the recall of over 6-1/2 million Firestone Wilderness AT tires, which began last summer. Since then, Ford Motor Company has recalled an additional 14 million Firestone tires. The tires were original equipment on Ford's popular Explorer SUV, and Ranger pick-up trucks. The design of the Explorer has received heavy criticism from vehicle experts, plaintiffs' attorneys and Firestone for being "top-heavy" and prone to rollover following tire de-tread failures such as the one in the Rodriguez vehicle.
The Rodriguez family filed suit on September 12, 2000. Their case was the first in the nation to get before a jury. The family also reached a settlement with Ford before the trial began. Watts said that Firestone then began an aggressive attack on Ford, blaming the rollover of the Rodriguez vehicle not on the de-treaded tire, but on an "oversteer" problem Firestone experts claim exists in the Ford Explorer. That battle is yet to be fought with both Ford and Firestone in the courtroom.
Mikal Watts also served as lead counsel in Bailey vs. Ford and Bridgestone/Firestone case. That de-tread rollover case resulted in what is believed to be one of the largest individual personal injury settlements ever achieved. Terms of the settlement included a personal hospital visit by Ford officials with Donna Bailey, the woman rendered a quadriplegic in the accident. Firestone's chief executive officer sent a personal letter of condolence to Ms. Bailey after the settlement agreement was reached.
The Watts & Heard firm along with Turner & Associates currently has well over a hundred cases between them, most involving catastrophic failures of Firestone tires. Many of them involved Ford Explorer vehicles, but Plaintiffs' attorneys and safety officials contend the defective tires are the initiating event in the vast majority of the cases, on Explorers and other vehicles as well.
According to Watts, Firestone waged a heavy media and publicity campaign during the trial, in an attempt to shift the blame for this accident, and others, solely to Ford Motor Company for the design of the Explorer. He added that observers agree that a jury verdict will be needed to force a complete airing of the problems and actions of both companies in regards to their products.
For more information, please contact: Doug Gwyther Attorney at Law WATTS & HEARD, L. L. P. Tower II Building, 14th Floor 555 N. Carancahua Street Corpus Christi, Texas 78478-0801 Tel: 361/887-0500 Fax: 361/887-0055 Toll Free: 1-888/887-0560 email: drgwyther@watts-heard.com