THE KURTZ LAW FIRM David L. Kurlz - Email: dkurlz@kurizlaw.com Telephone: (480) 585-1900 Facsimile: (480) 585-9910 December 29, 2017 MW Otto Matheke Otto.Matheke@dot.qov Senior Attorney for Defects Investigation DEPARTMENT OF TRANSPORTATION NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 1200 New Jersey Avenue SE Washington, D.C. 20590 Re: Public InformatiOn Regarding the Goodyear G159 22. 5 Radial Medium Truck Tire Dear Mr. Matheke: I am attaching various public documents produced by Goodyear and filings with the Maricopa County Superior Court for which no claim Of confidentiality has ever been voiced.? As you know, when Goodyear asserts such claims, they are clearly designated on produced. documents. . Exhibit 1 (Goodyear?s first disclosure Of property damage/injury claims which were not the subject of litigation. Yellow highlights are death or injUry claims settled outside of litigation. The document has never been claimed to be confidential by Goodyear.) Exhibit 2 006219: A list of the 41 lawsuits filed regarding G159 failures: (Produced by Goodyear pursuant tO cOurt order. The document has never been claimed to be confidential.) . ?Exhibit 3 Revised list Of-property damage, injury and death claims which were not- the subject of litigation: (This supplemental disclosure followed the Court?s order on November 24,2015, regarding Goodyear discovery deficiencies. Goodyear now identified a total of 627 claims arising from G159 failures. The yellow highlights identify death/injury claims settled outside of litigation. There are 26 death or injury claims settled outside of litigation which are highlighted. This document has neVer been claimed to be confidential by Goodyear.) . Exhibit _4 Plaintiffs? Motion .to RequireGoodyear to Seek Relief from Protective Orders Entered in the 6159 Cases and Address Discovery Response Deficiencies Necessary to Comply With the Court?s 04/23/2015 Order Compelling Goodyear tO Produce Information Responsive to Plaintiffs? Discov?ry Requests (filed July 2, 2015): (This was not a sealed - 7420 East Pinnacle Peak Road, Building D, Suiie 128 Scottsdale, Arizona 85255 MATH EKE12292017 Otto Matheke December 29, 2017 Page 2 filing and is publicly available in the judicial filings in Haeger v. Goodyear, which remains pending in the Maricopa County Superior Court to resolve Goodyear?s ongoing claims of confidentiality. It contains extensive discussiOn regarding the number of lawsuits, the number of property damage claims and the escalating claim data. Attached as Exhibit 4 is the list of 41 lawsuits produced by Goodyear; Exhibit 5 is a copy of the property damage cl-aim? information first. disclosed by Goodyear and GY-HAEGEROO3119-003133. These exhibits were never designated confidential.) Exhibit 5? November 25, 2015 Order ?from the Maricopa County Superior Court: (A publicly available order which states, ?Goodyear has been compelled in this case to disclose G159 lawsuits and claims for personal injury and property damage arising out of G159 failures. Goodyear has disclosed 41 such lawsuits and over 600 such claims. At p. 2.) Exhibit 6 Plaintiffs? Motion to Compel DepOsitions and Document Production filed September 6, 2016: (A publicly available document which sets forth the escalating trend of adjustments, property damage claims and injury and death claims, by year. That chart is . identical to the data contained in my July 10, 2017 correspondence to NHTSA, located at 6. The filing also references the 3, 484 adjustments for the G159 disclosed by Goodyear, and the estimated 98 injury and/or death claims in an identical chart which I shared with NHTSA in my July 10,2017 correspondence. TheSe death and injury claims were pulled directly from Goodyear?s disclOsures. Goodyear has never challenged the number of death or injury claims which we have identified.) Each of the precedingjexhibits are all part of the public record, many of which have been previously addressed by the press. .Because there has never been a claim advanced by Goodyear for confidentiality regarding these materials, Goodyear has no basis to object to the disclosure of this information in any publication issued by NHTSA. I believe this public information which is otherwise buried in hundreds of judicial filings shOuld be a part of any public filing by NHTSA related to any investigation as it directly relates to a defect determination and Goodyear?s failure to Comply with applicable law. - . I provide this letter and the attached exhibits for ease of future reference by NHTSA and hopefully they will be of assistance in ongoing investigation process. I Sincerely, kc Enclosures