02/13/2002
By JIM MORRIS / The Dallas Morning News
WASHINGTON - As the
federal government prepares to close its investigation into a light truck tire
made by Goodyear Tire & Rubber Co., the 1996 death of a Texas test driver has
taken on new significance.
Consumer advocates say they are troubled by Goodyear's failure to report the
accident - which involved a prototype of the Load Range E tire - to the National
Highway Traffic Safety Administration.
"It gives us grounds for concern that Goodyear is not being forthright," said
Rebecca Epstein, a staff attorney with Washington-based Trial Lawyers for Public
Justice.
The traffic safety administration has been investigating alleged
tread-separation problems with the Load Range E for 17 months. Goodyear
announced last month that it would replace about 200,000 tires on 15-passenger
vans and ambulances because those vehicles tend to roll after blowouts.
"They [agency officials] looked at all the data and decided that we should take
a look at replacing those tires, and that's what we decided to do," Goodyear
spokesman Chris Aked said.
Goodyear does not intend to replace the millions of tires on sport utility
vehicles and pickups because there is no evidence of excessive risk, Mr. Aked
said.
The traffic safety administration is satisfied with the replacement program and
may conclude its inquiry into the Load Range E this week, agency spokesman Rae
Tyson said.
Consumer advocates object to the Goodyear program, however, and accuse the
company of concealing pervasive tread-separation problems. Ms. Epstein said she
finds it "jaw-dropping" that Goodyear did not report the death of Lucio Ibarra
Jasso near Cotulla, Texas, on Aug. 21, 1996.
According to the police report, Mr. Jasso, an employee of Long and Associates
testing firm, was driving a pickup on Interstate 35 when the right rear tire
blew out. The truck fishtailed and rolled, according to the report. Mr. Jasso,
who was wearing a seat belt, was crushed by the roof.
Mr. Aked said Goodyear had no obligation to report the accident to federal
investigators because it involved prototype Load Range E tires that never went
into production. "This was not a tire that was scheduled to go out on the
market," he said. "It was an experimental tire."
But critics say the accident was relevant, even if it involved a prototype.
Allan Kam, a consultant and former assistant general counsel with the traffic
safety administration, called Goodyear's explanation a "smokescreen."
"They know damned well it's something they should report to the agency," he
said.
The traffic safety administration opened its investigation into the Load Range E
in November 2000. At the time, the agency said it knew of 15 deaths and 129
injuries associated with the tires, about 21 million of which were manufactured
from 1991 to 1999.
Asked about the tire replacement program, Mr. Tyson said, "Based on all the data
we've looked at during the course of our investigation, it looks like it's going
to address the predominant safety concern."
Ms. Epstein, however, said, "If there's a defect and they're only recalling a
small fraction of the millions of tires that are on the road, where does that
leave everyone else?"
Trial Lawyers for Public Justice, representing California-based Consumers for
Auto Reliability and Safety, is in a legal battle with Goodyear over sealed Load
Range E documents.
The trial lawyers asked a New Jersey judge to force Goodyear to release the
documents, which the company says contain trade secrets. In December, the judge
ruled that Goodyear would have to justify its insistence on secrecy.
"We're going to keep pushing to get the documents out," said Rosemary Shahan,
the group's president.