Lisoni & Lisoni Issues ``State of Litigation'' Analysis of Class Action Lawsuit Involving Steeltex Tires; Decries Refusal to Issue Full Recall

PASADENA, Calif.--March 12, 2004--In a wide ranging review and analysis of 20 months of litigation for a national class action lawsuit brought against Bridgestone/Firestone, Inc. and Bridgestone Corporation, Inc. of Japan for alleged defects in the Steeltex tire series, plaintiffs' attorneys today warned that the public is in danger because of the refusal of the tire manufacturer and "stonewalling" by a federal agency to repeated requests to recall all of the Steeltex tires.

At a news conference held today in the offices of Lisoni & Lisoni, a Pasadena-based law firm which filed the lawsuit on August 13, 2002, Attorneys Joseph L. Lisoni (Lisoni) and Gail M. Lisoni provided an overview of the lawsuit to date and outlined plans for the next few weeks, which they termed a critical point in the litigation process. The lawsuit alleges that Firestone's Steeltex R4S, R4SII and A/T tires are defective in design and have resulted in massive tread separations causing property damage, deaths and injuries.

According to Lisoni, a "defining moment" in the litigation will occur on March 17, when a hearing will be held in the Riverside Branch of the California Superior Court on a motion to certify the lawsuit as a national class action. He noted that the recent recall of 490,000 Steeltex tires should only help to have the certification motion granted. Lisoni remarked: "All requirements for the class to be certified have been met, including the two most important. The first relates to whether all members of the class are easily identifiable. They are because they each own Steeltex tires. The other requires the members to have a common question in law. They do as each questions whether their tires are defective. Further the class is indeed national as it is comprised of members from 46 of the 50 states."

In the highly unlikely event the certification is denied, Lisoni said he will immediately file a "Writ of Administrative Mandamus" with the California Court of Appeals. While a ruling is required in 15 days, Lisoni said that the denial would terminate the "tolling agreement" he had with Bridgestone Corporation and result in him turning the focus of the litigation against the Japanese corporation, of which Bridgestone/Firestone is a wholly-owned subsidiary. In January 2004, Lisoni granted Bridgestone Corporation's request to extricate itself from the lawsuit on a temporary basis until it was determined if the prosecution of its subsidiary was satisfactory.

During the news conference, Lisoni continually emphasized that the class action lawsuit was not as important as the need for all Steeltex tires to be immediately recalled in the interests of public safety. Commenting on Bridgestone/Firestone's recent announcement on February 26 that it was recalling 490,000 Steeltex tires from a Canadian plant that were linked to six accidents causing five deaths and 20 injuries, Lisoni said: "Throughout the nearly two years of our lawsuit, the defendants have claimed that the Steeltex tires were totally safe and not defective. Through this action, they have shattered their own myth. This recall is far too little and too late for the many Americans who have suffered pain and loss. It is only the `tip of the iceberg' of what is really needed -- a total recall. We are convinced that this will never happen unless public opinion mandates them to do so."

Toward that end, Lisoni emphasized that the blame rests entirely with the National Highway Traffic Safety Administration (NHTSA), which he charged, has refused every request to force a recall. NHTSA has investigated the Steeltex tire series and found no fault in it. Lisoni said it has also turned down his request to reopen the investigation despite what he termed overwhelming documentation and evidence provided to them by his firm and other outside sources. Yet, he said, NHTSA now claims that it is in the process of an investigation to determine whether to require even further recalls of Steeltex tires manufactured in the U.S., Canada and Mexico.

Lisoni announced that on April 2, he will refile his petition to NHTSA to reopen its investigation of Steeltex tires but this time limit it to those used on ambulances. He reported that through its own investigation, his firm has obtained signed affidavits of defects on Steeltex tires from numerous ambulance companies in 33 states. With the petition, the firm will provide NHTSA with these affidavits and contact information for all known U.S. ambulance companies.

Lisoni pointed to an article authored by Alan Cam, a former 25-year veteran and senior enforcement attorney with NHTSA, in which he clearly states that NHTSA has never reopened an investigation it has closed and is extremely aggravated with anyone that pesters them to do so. "However, to litigate our class action lawsuit, the law requires us to exhaust all governmental administrative remedies and we certainly plan to do so regardless of whether this upsets them or not," Lisoni hastened to say.

During the news conference, Lisoni touched on a variety of other subjects relating to the litigation. He reported that he has re-petitioned the court on a motion to sanction Bridgestone/Firestone for allegedly destroying tires turned in by consumers because of damage. If true, this would violate a court order which mandated they be preserved as evidence.

According to Lisoni, Bridgestone/Firestone must be extremely worried about the impact of a national recall of its Steeltex tires since he said his firm has received ongoing threats, intimidation and harassment from attorneys for the defendants. This included what he termed an unprecedented attempt to have him and his partner, Gail Lisoni, sanctioned by the California State Bar for violating its rules. If granted, it could have led to disbarment. The State Bar has exonerated the firm from all allegations brought against it.