Case Document 82 Filed 09/02/08 Page 1 of 13 PageID 990 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION NINA FAYE IRWIN, Individually and as Personal Representative of the Estate of JOHN JAMES IRWIN, IV, deceased; Plaintiffs, v. Case N0.: GOODYEAR TIRE RUBBER, INC. a foreign corporation; MONACO COACH a foreign corporation; and LAZY DAYS R.V. CENTER. a Florida corporation, Defendants. STATEMENT OF DISPUTED FACTS IN OPPOSITION TO MONACO AND LAZY DAYS MOTION FOR SUMMARY JUDGMENT Plaintiff, NINA FAYE IRWIN, Individually, and as Personal Representative of the Estate of JOHN JAMES IRWIN, IV, deceased, by and through her undersigned attorney, hereby ?les this Statement of Disputed Facts in opposition to the Defendants, MONACO COACH CORPORATION and LAZY DAYS R.V. CENTER Motions for Summary Judgment,(Docs. 74,75), as follows: 1 1. In February of 1996, Goodyear began marketing the G159 (hereinafter referred to as the tire? tire for North America. This tire was made in Goodyear?s tire plant located in Danville, Virginia (Deposition of James Stroble, p. 54). 1 Quoted excerpts of all deposition are attached in Exhibit A. All documents are attached as Exhibit B. Case Document 82 Filed 09/02/08 Page 2 of 13 PageID 991 10. When initially designed and marketed, the tire was speed rated for 65 mph. (Deposition of James Stroble, p. 167?68). Goodyear can produce no high speed or durability testing it did before marketing the tire. (Deposition of James Stroble, p. 12). The was designed speci?cally for stop and start delivery service according to Goodyear, and as such, was designed with thick tread and wide belts. In Goodyear?s own materials, it lists the G159 tires as a ?Metro Service? tire. (Deposition of James Stroble, pgs. 62-63, 68?80). Goodyear did not have a tire at that time designed speci?cally for RV use. (Deposition of James Stroble, p. 54-55). One RV manufacturer which initially used the G159 tire was Fleetwood. (Deposition of James Stroble, p. 79). In October of 1998, Goodyear representative learned at a Fleetwood RV rally in Louisiana there had been numerous tread separations on the 275/ 70R22.5 tires. (EX. 7). At that time, Goodyear learned that RVs were being driven at speeds as high as 85 mph. (EX. 7). Per Goodyear, heat is the worst enemy of tires, and can lead to catastrophic tire failures. (EX. Heat in tires is a function of speed, load and in?ation pressure. Increased speed, increased load, and decreased tire pressure all lead to higher operating temperatures. (EX. 10). Case Document 82 Filed 09/02/08 Page 3 of 13 PageID 992 1 1.. In November of 1998, Goodyear changed the speed rating of the tires from 65 to 75 mph, with no apparent change in design of the tire and with no additional testing of the tire. (Deposition of James Stroble, p. 176). 12. Throughout 1998 and 1999, Goodyear continued to receive reports of tire failures and tread separations from Fleetwood and its customers on with the G159 tire. (EX. 12). 13. On April 13, 1999, Goodyear stated in an email that all issues with Fleetwood RV have been on the G159 tires. They involved tread separations and tire blowouts and that the problem is restricted to use of the tires on RVs and that it?s not a ?global? problem. (EX. 13) 14. In June of 1999, Goodyear recommended to Fleetwood that it replace the 275/ 70R22. 5 tires with 275/ 80R22.5 tires, a tire that is classi?ed as a ?Highway Use? tire. Goodyear says the tire which is a larger tire and more durable - will provide a higher aspect ratio or safety net. (Ex. 14). 1.5. In October of 1999, Fleetwood reports to NHSTA that there is a ?safety defect? on Class A motor homes with the tires. leetwood tells NHTSA it is offering new larger capacity front tires to owners of all the subject motor homes to provide increased safety margins. (EX. 15). 16.. On November 17, 1999, Fleetwood announces a recall equipped with the G159 tires. (Ex. 16). 17.. Lazy Days was noti?ed of the Fleetwood recall, and indeed attended meetings with Goodyear about it. (Deposition of Richard Vaughan, p. 12-16). Case Document 82 Filed 09/02/08 Page 4 of 13 PageID 993 18. Monaco was aware of the Fleetwood recall, and the reasons for it. (Deposition of April Klein, p.44-45; Deposition of Richard Vaughan, p. 19. Monaco had a full time employee with an of?ce at Lazy Days, who was personally aware of the Fleetwood recall. (Deposition of Richard Vaughan p. 57). 20. In February of 2000, Goodyear offered it?s first-ever tire (GV670RV) designed speci?cally for Class A RVs. (EX. 20). 21. On May 19, 2000, Fleetwood informed Goodyear that it was changing to Michelin tires because of the problems with Goodyear tires. (EX. 21). 22. Goodyear knew that RVs were used for long distance trips driven at highway speeds in excess of 7.5 mph, and the many users did not regularly weigh their and reduced in?ation pressure to increase rideability. (Ex. 22; Carlson?s Report, 23. On September 1, 2000, Monaco asked Goodyear whether the tire is built with toleranCe or safety net. (Ex. 23). 24. Goodyear and other tire manufacturer know that consumers frequently operate their vehicles with underin?ated tires, and that as a result, at least a 20% ?safety margin? needs to be designed into the tires. (Carlson?s Report, p. 5). 25. Goodyear responds to Monaco informing that their tires should be designed with a safety net but that traveling at speeds in excess of 75 makes tires makes the situation ?even less marginal?. (Ex. Case Document 82 Filed 09/02/08 Page 5 of 13 PageID 994 Case Document 82 Filed 09/02/08 Page 6 of 13 PageID 995 26. On October 5, 2000, Monaco and Lazy Days are noti?ed of the failure of three (3) G159 tires on one RV, despite proper loading and in?ation pressures. (Ex. 26 con?dentialz). 27. By early 2001, Monaco was aware that its customers were having tire failures and blow outs on its which use the G159 tire. (EX. 27) 28. On October 17, 2001 representatives of Goodyear and Monaco meet and discuss safety issues with the G159 tires including tire tread separations. (Deposition of April Klein, p. 29?32). 29. In December of 2001, Goodyear proposes a Customer Satisfaction Program with Goodyear supplying the larger 295/ 80R22.5 at no charge if Monaco would take care of service. Ultimately, this program is implemented for owners of the Windsor with G159 tires. (Deposition of April Klein, p. 90?92; EX. 29). 3 0. Lazy Days attended meetings with Goodyear and Monaco regarding issues involving the G159 tire, and the ?Customer Satisfaction Program?. (Deposition of Mike Smith, taken in the Woods v. Monaco/Goodyear case, p. 123?25). 31., On January 28, 2002, Goodyear wrote Monaco and says Goodyear should be involved with selection of tires on (EX. 33 Con?dential). 32. In February of 2002, the subject G159 tire was manufactured by Goodyear in its Danville, Virginia plant. (Deposition of James Stroble, p. 115)., 2 Certain documents have been designated by the Defendants as con?dential, and are not being ?led with this Statement. Should the Court wish to review the actual document, Plaintiff will ?le same under seal. 5 Case Document 82 Filed 09/02/08 Page 7 of 13 PageID 996 33. In March of 2002, Monaco manufactures the subject RV, a 2002 Beaver Santiam 40DST motor home which is substantially similar in size to the Fleetwood and the Monaco Windsor and other Class A 34. Monaco did not consult with Goodyear regarding the selection of tires on the Beaver Santiam RV. 35. Despite the previous problems, Monaco decides to put G159 tire on the 2002 model year Beaver Santiam RV. 36. While Monaco claims the decision was made based on a Goodyear publication called the ?Tire Engineering Data Guide?, no witness produced to date by Monaco has so testi?ed. 37. The only witness produced by Monaco to testify as to why or how Monaco chose the G159 tire testi?ed that he didn?t know who made the decision or why it was made, and did nothing to prepare for his deposition as a corporate representative on that issue. (Deposition of Dave Watt, p. 14?20). 38. While Monaco claims its selection of the G159 tire was in compliance with 120, neither Goodyear nor Monaco have produced any testing data to show that the G159 tire was capable of carrying a fully loaded Beaver Santiam RV at highway speeds for extended of time. 39. On June 26, 2002, the tire change?over program on the Monaco Windsor was put into effect. (Ex. 38). 40. Lazy Days was noti?ed of the tire change over program (Deposition of Richard Vaughan, p. 30?32). Case Document 82 Filed 09/02/08 Page 8 of 13 PageID 997 41. In July of 2002, the subject RV was sold by Lazy Days as a new RV to Charles and Shirley Michael. 42. In September of 2003, after the death of her husband, Shirley Michael loaned the RV to Keith Molkenthin, a colleague of her son. 43.. There is no documentation of the mileage on the RV at that time. 44. Mr. Molkenthin checked the air pressure on the RV tires and it was ?perfect?. (Deposition of Keith Molkenthin p. 5 3). 45. There were probably 20 manuals in the RV. (Deposition of Keith Molkenthin p. 54). 46. Mr. Molkenthin never read the owner?s manuals for the subject RV, he (just ??ipped through them? when bored, and has no memory of anything in the manuals about tires or air pressures. (Deposition of Keith Molkenthin p. 55-56) 47. In May of 2004, Mr. Molkenthin, on behalf of Shirley Michael, leased the RV to the decedent, John Irwin. At that time, the mileage on the RV was noted as 18,795. 48. In September of 2004, the lease was renegotiated, and it was documented that the mileage on the RV was 31,704 miles. 49. There is no evidence that the RV was or was not weighed at any time. 50. On November 21, 2004, Mr. Irwin was driving the RV when the front right tire, a G159 tire, suffered a catastrophic failure, causing him to lose control of the RV. As a result, the RV left the roadway, and Mr. Irwin was killed. 51. Plaintiff?s expert, Dennis Carlson, is a professional engineer and tire failure analyst with many years experience in the tire industry. (Carlson Report, Case Document 82 Filed 09/02/08 Page 9 of 13 PageID 998 52. Mr?. Carlson has seen and examined a number of G159 tires that have failed while in use on 53. All of the failed G159 tires that Mr. Carlson has examined have failed in essentially the same way. Speci?cally, the tire suffered a separation in the tread belt system because there is insufficient adhesion in the ?skim coat rubber? to ?withstand the expected use of the tire.? (Carlson Report, 54. The evidence of insuf?cient adhesion is, in Mr. Carlson?s view, clear, and it is clear that it occurred during the manufacturing process. Exactly what went wrong in the manufacturing process is unknown, since Goodyear has not produced any manufaCturing information. (Deposition of Dennis Carlson p. 113). 55. Mr. Carlson found no evidence of that the tire had been damaged or adversely affected by operating it in an underin?ated condition, or that it had suffered impact damage. (Carlson Report, 56. In addition, Mr. Carlson confirmed what Goodyear already knew: ?The Goodyear G159 tire was not designed for constant on the road deep tread would make the tire run too hot in an on the road application such as on a motor home vehicle.? (Carlson Report, p. 9). 57. Mr. Carlson also con?rms that ?the G159 tire was designed for an urban truck which would be a hugely different application from a motor home.? (Carlson Report, p. 9). 58.. Mr. Carlson did not testify that the tire ?showed evidence of an abnormal wear pattern ?on one shoulder that?s quite pronounced.? He testified that ?there is Case Document 82 Filed 09/02/08 Page 10 of 13 PagelD 999 separation wear on one shoulder that?s quite pronounced.? (Deposition of Dennis Carlson 59. Mr. Carlson did not testify that any ?abnormal wear pattern? on the subject tire was caused by issues with tire balance, alignment, camber, a bent axle or bracketry. He did testify that abnormal wear, in general, on tires, in general, can be caused by such issues. (Deposition of Dennis Carlson p. 202). 60. Mr. Carlson testi?ed that it was ?possible? that at one Speci?c area (at marking 300) the edge of Belt 3 on the serial side was exposed, but it that exposure occurred shortly before the tire failure and it may have been ?just ripped out there before it got too exposed? and that the other areas of the belt were not exposed prior to the tread/belt separation. (Deposition of Dennis Carlson p. 137-3 8). 61. Mr. Carlson?s opinions regarding the timing of the belt exposure were based on his physical examination of the tire, which demonstrated very little ?fraying? in the area. (Deposition of Dennis Carlson p. 138). 62. Mr. Carlson testified that any belt exposure in the subject tire did not cause the tread separation and failure in the subject tire. (Deposition of Dennis Carlson p. 138?3 9). 63. Due to con?dentiality orders, and the Defendants? failure to produce documents in the subject case, Mr. Carlson was unable to be specific in his criticisms of Monaco regarding tire selection. As he put it, ?why is this tire on the vehicle in 2004 when there were Fleetwood recalls and everything back before really don?t have enough information to really answer that question. That may be a problem with Monaco or" it may be a problem with Goodyear?. (Deposition of Dennis Carlson p. 175). Case Document 82 Filed 09/02/08 Page 11 of 13 PageID 1000 64. Further, Mr. Carlson testi?ed that while ?on paper?, the tire would seem appropriate, don?t know what Goodyear told Monaco about this tire. This is the wrong tire for that vehicle. I suspect the it is Goodyear?s problem, but I don?t know right now.? (Deposition of Dennis Carlson, p. 176). 65. From impressions made on the tire, Mr. Carlson believes that the subject tire was balanced at least twice. (Deposition of Dennis Carlson p. 188). 66. There is no evidence that the tire was ever operated in a severely overloaded or underin?ated condition. (Deposition of Dennis Carlson p. 178). 67. Richard Vaughan was the corporate representative produced by Lazy Days to speak on issues regarding the use of G1 59 tires on Class A motorhomes, the recall of such tires/motorhomes, and meetings between Lazy Days, Goodyear and Monaco or Fleetwood. (Deposition of Richard Vaughn, p.10) 68. In actuality, Mr. Vaughan was essentially a mechanic, serving ?rst as a technician, then chassis shop foreman and for the 6 weeks preceding his depositoin, as a predelivery inspection foreman for Lazy Days. (Deposition of Richard Vaughan, p. 69. Lazy Days did in fact attend two meetings with Goodyear regarding the replacement of G159 tires on Fleetwood Motorhomes. (Deposition of Richard Vaughan, p.12? 13). 70. Mr. Vaughan had no information, nor did he attempt to ?nd out any information that Lazy Days has, regarding who called for the meetings, had no information regarding the Goodyear Customer Service Program, as ?that would have come through our Warranty Department?, had little or no information regarding customer tire issues, 10 Case Document 82 Filed 09/02/08 Page 12 of 13 PageID 1001 as that would have been handled by a ?service advisor?, had no information regarding any meetings with Monaco regarding tire issues, and fundamentally, made no effort to ascertain what information Lazy Days had regarding the G159 tire, and its use on Monaco (Deposition of Richard Vaughan p.32, 35, 37, 76) 71. Lazy Days was noti?ed of both the Fleetwood recall and the Monaco/Goodyear customer satisfaction program involving the G159 tire. Deposition of Richard Vaughan, p. 72. Lazy Days? representatives attended a meeting involving Goodyear and Monaco regarding the G159 tire. (Deposition of Richard Vaughan, p. 37). CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 2nd day of September, 2008, I electronically filed the foregoing with the Clerk of Court by using the system which will send noti?cation of such ?ling to: JOHN M. MURRAY, ESQUIRE and C. E. DORAN, ESQUIRE, Attorneys for GOODYEAR, 101 East Kennedy Boulevard, Suite #1810, Tampa, Florida, 33602; and TIMOTHY J. ESQUIRE and SARAH G. MAROON, Attorney?at?Law, Attorneys for MONACO COACH CORPORATION, 50 North Laura Street, Suite #2500, Jacksonville, Florida, 32202. BY: J. Scott Murphy, Esquire J. SCOTT MURPHY, ESQUIRE Florida Bar No.: 373001 ALLEN MURPHY, PA. 429 S. Keller Road, Suite 300 407-838-2000 (Tel) 407-838-2002 (Fax) 11 Case Document 82 Filed 09/02/08 Page 13 of 13 PageID 1002 Attorneys for Plaintiff 12 Case Document 82-2 Filed 09/02/08 Page 1 of 39 PageID 1003 DEPOSITION EXCERPTS 1.. JAMES STROBLE 2. APRIL KLEIN RICHARD VAUGHAN 4. MIKE SMITH 5. DAVE WATT 6. DENNIS CARLSON 7. KEITH MOLKENTHIN Case i Document 822 ?lled 09/02/08 Page 2 of,39 Transcript of the Testimony of James C. Stroble Taken On: July 22, 2008 Case Number: Case: Nina Faye Irwin, et al., vs. Goodyear Tire Rubber, Inc., et al., Court Reporters of Akron Canton and Cleveland Phone: 800?804?7787 Fax: 330?666?9833 Email: Internet: EXHIBIT 7,75,, '25: 4.. is 5.. a: i-Eivi-E?I?Rx?N ?222.3 3813 (Pages 9 to 12) 330?666-9800 9 1 Unfortunately, travel arrangements being what 1 MR. MORRISON: I mean, don't you 2 they were, I understand you weren't able to do 2 think it is fair that I have some opportunity to 3 so. So, you know, at that point, we would have 3 look at documents before I am cross-examining 4 been able to further discuss What we could 4 your corporate representative on those 5 produce and what we wouldn't produce with 5 documents? 6 respect to this depo. 6 MR. MUSNUFF: Would you let me 7 MR. MORRISON: Well, I think you 7 talk with my folks? Let's go outside. 8 would at least agree that it is fair that I 8 MR. MORRISON: Okay. 9 because I understand there have been requests 9 THE VIDEOGRAPHER: We are off'the 1 0 out for some time for all testing. Now, whether 1 0 record. 1 1 you and Goodyear think something is relevant is (Thereupon, a discussion was held off' 1 2 not the standard. 1 2 the record.) 1 3 So if you are producing it now, that 1 3 THE VIDEOGRAPHER: We are back on the 1 4 is ?ne, and we appreciate it. 1 4 record. 1 5 All I am saying is, I want the 1 5 MR. MORRISON: Okay. This is Rick 1 6 opportunity to study it, evaluate it and be able 1 6 Morrison again. I understand that there have 1 7 to examine Mr. Stroble on thisbeen certain documents produced today, and what 1 8 who is going to be testifying about it. That is 8 is our Bates stamp range, counsel? 1 9 all I am saying. 1 9 MR. DORAN: Well, like I said, 2 0 DORAN: He is going to be 2 we are producing today -- 2 1 testifyng as to -- 2 1 MR. MORRISON: And I interrupted. 2 2 MR. MORRISON: Is that going to be 2 2 Why don't you ?nish. 2 3 a problem? 2 3 MR. DORAN: No, that's ?ne. I 2 4 MR. MUSNUFF: To do what? 2 4 appreciate that. We are producing Irwin Bates 2 5 MR. MORRISON: To basically 2 5 stamp number 3232 through 3230 excuse me, 38, 1 1 2 1 examine, after I get an opportunity to look at 1 subject to the Protective Order that is entered 2 the high speed testing, durability testing, or 2 in this case, and they are designated as 3 whatever you are going to produce, that I be 3 con?dential on the documents, copies of 4 given at least a minimum of?48 hours to study it 4 electronically maintained high speed durability 5 and examine Mr Stroble, unless you will make an 5 testing results conducted on G159 6 agreement that he will come to trial. 6 production tires since August of 1996.. 7 Now, if he will come to trial, boom, 7 It should be noted that we have not 8 I don't care about it. I will have time to 8 been able to locate, like, paper records for the 9 examine it and cross?examine him at trial, if 9 tests re?ected in the electronically maintained 1 necessary. But I don't think it is fair, when 0 records, the handwritten version. 1 1 you have had a request out, for as long as it 1 1 MR. MORRISON: The backup data? 12 has been out in this case, and the high speed 1 2 MR. DORAN: The backup data. 1 3 testing has been produced in other cases, that I 1 3 Also, Goodyear has not been able to locate paper 1 4 am given it the morning. I don't know it like 1 4 records for the high speed durability test which 1 5 you do, don?t know it like Mr. Stroble does. 1 5 is conducted on the G159 prior to 1 6 I mean it still -- you know, when I 1 6 August 1996, which tests were not recorded 1 7 saw it, it was Chinese. I had a couple of 1 7 electronically. 1 8 questionsprovided the data that we 1 9 MR. MUSNUFF: You know it pretty 1 9 collected via the electronic form, but the -- 2 0 well. Let me step out and talk to my -- to 2 0 some ofthe handwritten documents, we were not 2 1 these folks to figure out how we are going to 2 1 able to locate. 2 2 respond to that. 2 2 IVER. MORRISON: I will be able to 2 3 MR. MORRISON: We started this on 2 3 go into that with Mr. Stroble, I guess sometime 2 4 the record. Let's just respond. 2 4 in September? 2 5 MR. MUSNUFF: No, he 2 5 IVIR. DORAN: Okay, yeah. 330-452~2400 216-621-6969 Document 82-2 Filed 4 of 39 PageID 1006. 4 (Pages 13 to 16) 1 3 1 MR. MUSNUF F: Right. Let me take 1 MR. DORAN: No, I am just 2 a second. 2 saying -- 3 (Pause) 3 MR. MURPHY: The last category. 4 NIR. DORAN: Right. I just want 4 MR. DORAN: Yeah. Like I said, 5 to clarify, we are not going to be talking about 5 this is a subject you can raise with Mr. Stroble 6 high speed test data today, since we are going 6 on his continuing deposition. Ijust want to 7 to be redeposing MI. Stroble in September on 7 make you aware that we are not trying to 8 these documents at a later time; is that right? 8 MR. MORRISON: So I can talk about 9 MR. MORRISON: Yeah, that is ?ne. 9 document retention in September? 1 0 There are issues with the high speed test, I 1 0 MR. DORAN: Document retention? 1 1 think. 1 1 MR. MORRISON: Issues, yeah. 1 2 MR. DORAN: I think those 1 2 MR. DORAN: Well, as to the 1 3 re?ect 1996 through 2000. 1 3 Evergreen as to these -- how these documents are 1 4 MR. MORRISON: That cuts across a 1 4 maintained. 1 5 lot of" peripheral issues, so, I mean, I am not 1 5 MR. MORRISON: That?s paragraph 1 6 going to speci?cally go into high speed tests. 1 6 45. 1 7 There might be some questions I ask, we will 1 7 MR. DORAN: We have objected to 1 8 deal with them as we go. 1 8 that in whole. What I said was that we were 1 9 MR. DORAN: Okay. That is fair 1 9 just trying to clarify as to how this particular 2 enough. 2 0 document is maintained in the system and why 2 1 MR. MORRISON: Bu 2 1 Goodyear was not able to ?nd a copy, or go back 2 2 MR. DORAN: From a general 2 2 to an earlier version of the protocol. 2 3 standpoint, we will mainly talk about the high 2 3 MR. MORRISON: While we are on 2 4 Speed testing when Mr. Stroble is I?edeposed in 2 4 document retention, in reviewing the Irwin 2 5 September. 2 5 production, I have not seen any document 1 4 1 MR. MORRISON: That is ?ne. 1 retention policy, any type of documents such as 2 MR. DORAN: Goodyear has also 2 that. I have requested in paragraph 45, I 3 produced 3 understand you are now objecting to any document 4 MR. MORRISON: And all of'these 4 retention issues or we can raise that in 5 other documents, and including the protocol as 5 September or we need to Visit the court between 6 well. 6 now and then. 7 MR. DORAN: Sure, that is true. 7 MR. DORAN: I think our 8 I was going to get to -- like I said, we 8 objection stands as it is right now. Hang on a 9 produced the testing results, the protocol, and 9 second, please. 10 in addition to that, we were also producing 10 (Pause) 1 Goodyear?s Bates stamp number 3230 through 3231, 1 1 MR. DORAN: Okay That is 1 2 subject to the Protective Order, once again, in 1 2 certainly open for discussion between now and 13 this case, which are copies of?a June 14th, 2005 1 3 September. But as for now, the objection stands 1 4 version of'the radial medium truck tire speed 1 4 as to document retention policy. 1 5 test protocol. 1 5 MR. MURPHY: So Mr Str?oble -- 1 6 Goodyear is also unable to produce 1 6 MR. DORAN: So between now and 1 7 protocol or protocols in effect when the tests 1 7 then, we can talk about that and see what we can 1 8 indicated on Goodyear 3232 through 3238 were 1 8 come up with, and I think Mr. Stroble would be 1 9 conducted. Goodyear does not maintain outdated 1 9 designated on that issue, or we would produce 2 0 versions of?the test protocols, once the 2 0 one in September when Mr. Stroble is redeposed, 2 revisions are made to them. They use an 2 1 between now and then. 2 2 Evergreen system, so that people working do 2 2 MR. MORRISON: Now is a good time 2 3 not 2 3 to talk about it. You are objecting, I can't go 2 4 NIR. MORRISON: Do we need to swear 2 4 into it. We have no documents produced today. 2 5 you in for the document retention issues? 2 5 You know, I have requested them. We don't have REPORTERS OF AKRON CANTON AND CLEVELAND COUR 330-452-2400 216?621?6969 330?666?9800 7 Document 82-2 Filed 5 0f 39 PagelD 100,7 330-666-9800 COURT REPORTERS OF AKRON CAN 330-452-2400 TON AND CLEVELAND 14 (Pages 53 to 56) 5 3 1 MR. DORAN: Thank you. As 1 THE WITNESS: Nothing 2 indicated in the response, the deponent has been 2 speci?cally marketed for motor homes. Tires 3 made available regarding its engineering data 3 were marketed for multi-purpose uses. 4 book in effect on the date ofthe manufacture 4 BY MR. MORRISON: 5 And that is basically the limitation 5 Q. In February 1996, did Goodyear have a tire 6 of' what we have designated Mr. Stroble for Are 6 designed and marketed speci?Cally for Class A 7 you talking about -- are your questions designed 7 motor homes? 8 to talk about the engineering data book? 8 NIR. DORAN: Objection; form. 9 BY MR. MORRISON: 9 THE WITNESS: No. 0 Q. I am just asking a general question. Do 1 0 BY MR. MORRISON: 1 1 you agree that a tire manufacturer should be 1 1 Q. And it wasn't until about 2000 that 1 2 honest with its consumers about issues with a 1 2 Goodyear ?rst began selling the GB670 for use 1 3 tire's performance in the ?eld? 1 3 on is that true? 1 4 A. Yes. 1 4 MR. DORAN: Objection. Hold 1 5 MR. DORAN: Objection. 5 on. This is one of the topics that Mr Stroble 1 6 BY MR. MORRISON: 1 6 is not designated to discuss. 1 7 Q. When was the G159 275/70 ?rst manufactured 1 7 MR. MORRISON: I am going into 1 8 by Goodyear for use in the North American 1 8 application issues. 1 9 market? 1 9 MR. DORANthe mid 19903. 2 ?What does talking about other tires have any more speci?c than that? 2 1 with the 2 2 A. Ithink it was early 1996. 2 2 MR. MORRISON: It is alternative 2 3 Q. Let me show you what I am going to attach 2 3 design. It is one of the alternative designs. 2 4 as 116 to your testimony. 2 4 MR. DORAN: He is not 2 5 (Thereupon, Plaintiffs Exhibit 116 2 5 designated 5 4 1 of the 1C. Stroble deposition was 1 MR. MORRISON: He is talking about 2 marked for purposes of 2 feasibility. I mean, y'all are going to .3 identi?cation.) 3 MR. DORAN: We are going to 4 MR. DORAN: Thank you. 4. instruct him not to answer if'you are going to 5 Multipage document, Bates stamped 3227 through 5 start talking about other tires and other tire 6 3229, Goodyear's Bates stamps. Thank you. 6 designs. We have objected on those grounds and 7 BY MR. MORRISON: 7 Mr Stroble is not designated to testify on 8 Q. Could you identify that document, sir? 8 those issues. 9 A. It is a listing of production by month for 9 MR. MORRISON: So you are going to the load range H, G159 tire. 0 instruct him not to answer my question? 1 1 Q. And I believe you told us a second ago that 1 1 MR. DORAN: It depends on what 1 2 Goodyear began making and selling the G159 2 the question is going to be. Do you want to 3 275/70 from the Danville plant sometime in early 1 3 rephrase the question? 1 4 1996, is that about right? 1 4 MR. MORRISON: I thought I did. 1 5 A. Yes. 1 5 BY MR. MORRISON: 1 6 Q. And, in fact, we can look at the production 1 6 Q. When did Goodyear first start selling the 7 rates, and it appearsthat the ?rst month and the first year that we have production is 1 8 MR. DORAN: Obj ection. I am 1 9 February 1996; is that true? 1 9 going to instruct him not to answer. It is not 2 A. Yes, that's correct. 2 0 one ofthe topics on which he is designated to 2 1 Q. And if?l am correct, in 1996, is it not a 2 testify. 2 2 fair statement that Goodyear did not have a tire 2 2 If it is, then I am mistaken, I 2 3 speci?cally designed for use on Class A motor 2 3 apologize. But I don't think it is. 2 4 homes? 2 4 And also, we have lodged objections 2 5 MR. DORAN: Objection; form. 2 5 with respect to you talking about other tires in 216-621-6969 Case Document 82-2 09/02/08 Page 69f?1E1agelD lrgo?mm 16 (Pages 61 to 6 1 1 MR. DORAN: He is entitled to 1 performing tire, the G159 was designed for 2 answer the question. 2 pickup and delivery trucks in commercial 3 MR. MORRISON: Are we going to 3 service." 4 start talking about other tire litres then? 4 Q. Okay. Can you tell us the date of that i 5 MR. DORAN: No. 5 document, please, sir, down at the bottom? 6 THE WITNESS: You asked about the 6 MR. DORAN: Objection; form. 7 (3159 line. I would like to ?nish my answer, 7 THE WITNESS: The date on the 8 please. 8 bottom of the form is February 17th, 2000. 9 BY MR. MORRISON: 9 BY MR. MORRISON: 1 Q. He can ask you whatever question he would not miStaken, that is a news 1 1 like. Okay. My question is Speci?cally 1 1 release announcing to Goodyear's customers that 1 2 this 2 the GB67O was now available for use on is 1 3 NIR. DORAN: So you are 1 3 that true? 1 4 withdrawing the question and rephrasing the 1 4 MR. DORAN: Objection. 1 5 question? 1 5 THE WITNESS: The 1 6 BY MR. MORRISON: 1 6 BY MR. MORRISONfair statement that a G159 was 1 7 Q. The 1 8 designed for pickup and delivery trucks in 1 8 A. No, G670 RV. 1 9 commercial serviceMR. DORAN: Objection. 2 0 MR. DORAN: Objection; form. 2 1 BY MY MORRISON: 2 1 THE WITNESS: It was announcing 2 2 Q. Is that a fair statement? 2 2 that, yeah, it was available in certain sizes. 23 MR. DORAN: Objection; form. 2 3 BY MR. MORRISON: 2 4 THE WITNESS: It was one ofthe 2 4 Q. Okay. In February 2000; is that right? 2 5 applications. 2 5 A. It was becoming available. It was being a 62 6 4 1 BY MR. MORRISON: 1 released. 2 Q. Okay. And, in fact, could you read for the 2 Q. Okay. And do you agree that the G159 was i 3 jury what I have circled. 3 designed specifically for metro service? 4 MR. DORAN: Please do not read 4 MR. DORAN: Objection; form, 5 to the jury. What section are you referring to? 5 THE WITNESS: No. 6 This, once again, gets into the area 6 (Thereupon, Plaintiff?s Exhibit 118 7 that talks about other tires, lodged our 7 of the IC. Stroble deposition was 8 objections, and if you have a question based on 8 marked for purposes of 9 that paragraph, we request that he read in 9 identi?cation.) 1 silence and you can ask your questions, so that 1 0 BY MR. MORRISON: 1 1 we can see whether it is going show you what I am going to mark as 1 2 designated areas or not, not just to read a 1 2 Plaintiff?s 18 to your testimony, 118.. 1 3 document that's 1 3 MR. DORAN: Thanks. Do you 1 4 MR. MORRISON: I am just asking 1 4 have any clean copies of this? This is hang 1 5 him to read. 1 5 on a second, 1 6 MR. DORAN: Once again, this 1 6 There is something at the bottom of 1 7 document speaks for itself. 1 7 each one. Do you want to substitute a clean 1 8 MR. MORRISON: I understand that 1 8 copy of this? This obviously has markings from 1 9 obj ection. 1 9 another case. 2 0 BY MR. MORRISON: 2 0 MR. MORRISON: Listen, you know, 2 1 Q. I am asking, could you read what I have 2 we started this deposition and I let you talk. 2 2 circled for the jury, please, sir? 2 2 MR. DORAN: That is ?ne. 2 3 A. Okay. "Until the release of the G670 RV, 2 3 MR. MORRISON And I let you 2 4 recreational vehicle owners seeking a Goodyear 2 4 interrupt. And at some pointtire usually purchased the G159. A solid 2 5 stop. I mean, we can't even take this man's 9 Meaning, amen, COURT REPORTERS OF AKRON CANTON AND CLEVELAND 330-666-9800 330?452-2400 216?621?6969 Case Document 82-2 Filed Page 7 of 39 PageID 1009 330?666-9800 17 (Pages 65 to 68) 6 5 testimony without interruptions every time I ask 1 MR. MORRISON: In fact, have y'ail 2 a question. And that is not the proper way to 2 produced any G15 9A documents? Have you? In 3 do this. 3 fact, y'all have objected to them, right? 4 MR. DORAN: Well, the proper 4 DORAN: I don?t knowwould be to have clean copies of 5 that a question for me? 6 the deposition exhibits that don't have markings 6 MR. MORRISON: Yeah 7 from other cases as a means of getting -- 7 MR. DORAN: I don't know Are 8 MR. MORRISON: I have told you, we 8 we done with Mr. Stroble's deposition? 9 can take off the Bates stamps. 9 MR. MORRISON: No. 0 MR. DORAN: Fine. Ifthat is 0 BY MR. MORRISON: the case, Ijust wanted that on the record, that 1 Q. Okay. All right. Now, my question was 1 2 you are going to be taking that off when these 1 2 simply this: Could you tell us under which 1 3 exhibits are ?nalized for purpose of'trial. 3 application the (315 9 tire is listed? 1 4 MR. MORRISON: That is ?ne. 1 4 A. On this table of contents, it is listed as 5 BY MR. MORRISON: 5 metro service. 1 6 Q. Okay, sir. Can you tell us what the title 1 6 Q. And that is a Goodyear document, is that 7 of Plaintiffs 118 to your testimony is, what is 7 not true? 1 8 that document? 1 8 A. Yes. 1 9 MR. DORAN: Form. 1 9 Q. Could I have it back, please, sir. Ijust 2 0 THE WITNESS: "Goodyear Family of' 2 0 want to make sure I am correct, in Goodyear's 2 1 Commercial Truck Tires and Retreads. Goodyear 2 I own retread data manual, it lists the G159 as a 2 2 Number 1 in Tires." 2 2 metro service tire; is that true? 2 3 BY MR. MORRISON: 2 3 A. Yes, it is listed as a metro service, that 2 4 Q. And ifI am not mistaken, I believe that 2 4 is one of the applications. 2 5 that document has a table of contents; is that 2 5 Q. Sir, do you see the G159 listed under any 6 6 1 true? 1 other application in the table of contents? 2 A. Yes. 2 A. Not in this manual, no. In other manuals, 3 Q. And the table of contents is on page .ask that correctly? 4 Q. We will get to that in a second, sir. Let 5 A. Yes. 5 me ask you the question once again. 6 Q. And if you could turn to page 3, under the 6 In Plaintiffs 1 18 to your testimony, is it. 7 table of contents, do you see the G159 tire 7 not a fair statement that the G159 is listed 8 referenced under any particular application? 8 under the metro service application; is that 9 A. There is 3 159A under ?Line Haul Service," 9 fair? 1 and there is a G159 under ?Metro Service.? 1 0 MR. DORAN: Objection; form. 1 1 Q. Sir, let me the tire in the Irwin case 1 1 THE WITNESS: Yes. 1 2 is not a G159A tire, is it? 1 2 BY MR. MORRISONcould look at this document, what 1 4 Q. And, in fact, the G159A does not share all 1 4 is the date of that retread manual? I will 1 5 the same design characteristics as the G159 5 direct your attention to it, sir. I 6 does; is that true? 1 6 A. June of 1990~something. I can't read the 7 A. There are differences between sizes. 1 7 last date, the last number. 1 8 Q. And there are differences between 1 8 Q. June 0151998? 1 9 compounds, is that not true? 1 9 A. That is possible. I can't quite read it. 2 A. In some cases, possibly. 2 Q. Let me see. 2 1 Q. Okay. So my question is just simply this: 2 (Handing) 2 2 We are talking about the G159A -- I mean, strike 2 2 Q. Let me direct your attention to the last 2 3 that. We are talking about the 6159 in this 2 3 page of the document. Do you see a date? 2 4 case, okay? Fair? 2 4 A. That is what I was looking at. The last 25 A. Okay. 2 5 number is hard to read. It is June of COURT REPORTERS OF AKRON CANTON AND CLEVELAND 330?452?2400 216-621-6969 Case Document 82-2 Filed 09/02/08 Page 8 of 39 PageID_1010 18 (Pages 1990?somethingAnd, in fact, when we look to page 18, the 2 sure. 2 only page the page that designates our tire, 3 Q. Let me direct your attention to that date. 3 just prior, can you tell us what those two 4 (Indicating) 4 pictures depict? 5 IVER. DORAN: Objection; form. 5 MR. DORAN: Objection; form. 6 THE WITNESS: That is 1998. 6 BY MR. MORRISON: 7 BY MR. MORRISON: 7 Q. Does that appear to be 8 Q. Okay. And can you tell us what line-haul 8 A. Two pictures? 9 service is? 9 (Indicating) 1 A. Line-haul services would be long distance 1 A. Oh, I am sorry. It is Grumman box van, 1 1 1 on the road, like the 18-wheelers running from 1 1 guess, I don?t know what model. 1 2 coast to coast, city to city, state to state. 1 2 Q. Does it appear to be a delivery truck? 1 3 Q. Over?the-road use? 1 3 MR. DORAN: Objection; form. 1 4 A. Yes. 1 4 THE WITNESS: Some kind of 1 5 Q. And just so I am clear, the G159 is not 1 5 delivery truck probably. 1 6 listed for line-haul service, is it? 1 6 BY MR. MORRISON: 7 MR. DORAN: Objection; form. 1 7 Q. All right. Sir, is it also a fair 1 8 THE WITNESS: It is in some 1 8 statement that the GI 59 was designed 1 9 manuals. The engineering data book it is. 1 9 speci?cally for start and stop delivery 2 0 BY NIR. MORRISON: 2 0 service? 2 1 Q. I am talking about the documents in front 2 1 MR. DORAN: Objection; form. 2 2 of?you, sir. . 2 2 THE WITNESS: That was one of the 2 3 A. Oh, you didn't designate that. In this 2 3 applications, regional, metro delivery, yes. 2 4 document, it is listed as metro, in other 2 4 BY MR. MORRISON: 2 5 documents it is listed as a line-haul. 2 5 Q. And that -- 7 7 2 1 Q. Now, if'I could direct your attention to 1 A. It also has to operate on the road. 2 page 17 in this document, sir. Page 17 and 18, 2 Q. "Yes" or Is it not a fair statement 3 do you see our tire listed on Plaintiff?s 118 to 3 that the G159 was designed speci?cally for 4 . your testimony? 4 start and stop delivery service? 5 NIR. DORAN: Objection; form. 5 MR. DORAN: Objection; form. 6 THE WITNESS: This is retread 6 THE WITNESS: That was one of the 7 information. 7 applications, but not eXclusively for that. 8 BY NIR. MORRISON: 8 BY MR. MORRISON: 9 Q. Do you see our tire listed there? 9 Q. And, Mr, Stroble, I am going to show you 1 0 MR. DORAN: Form. 1 0 what I am going to mark as 119 to your 1 1 THE WITNESS: Yes, 1 1 testimony. And you have seen this document 1 2 load range H, G159. 1 2 before. It is a document I showed you in the 1 3 BY NIR. MORRISON: 1 3 Woods case. 1 4 Q. Can I have that back? 1 4 MR. DORAN: Objection. 1 5 A. Unisteel All Position. 1 5 BY MR. MORRISON: 6 Q. Okay. Let me see ifl can recap. 6 Q. 119, you have seen that press release? 1 7 Plaintiffs 118 to your testimony is a Goodyear 1 7 (Thereupon, Plaintiff?s Exhibit 119 1 8 document, is that not fair? 1 8 of the .C. Stroble deposition was 1 9 A. Yes. 1 9 marked for purposes of 2 Q. And in Plaintiffs 1 18, it clearly lists 2 identification.) 2 1 the G159 as a metro service tire; is that fair? 2 1 MR. DORAN: Again, same thing, 2 2 A. Yes. 2 2 remove the other Bates stamps? 2 3 Q. And it does not list it as an over-the?road 2 3 MR. MORRISON: Ijust have a 2 4 in?haul service tire;- is that also fair? 2 4 question. Why hasn't it been produced in this 2 5 A. That manual doesn't, no. 2 5 case? 330?666?9800 COURT REPORTERS OF AKRON CANTON AND CLEVELAND 330-452?2400 216-621?6969 Case Document 82-2 Filed QLOZLOS Page 9 of 39 PageID 19 (Pages MR. DORAN: Are you going to 1 with this tire in '96, when it was being 2 remove the Bates stamps? 2 introduced to the market, does he mention 3 MR. MORRISON: Of course. 3 anywhere that this tire is designed for 4 MR. DORAN: Thank you. 4 over-the-road use? 5 MR. MORRISON: 1 will remove the 5 MR. DORAN: Obj ection; form. 6 Bates stamp. 6 THE WITNESS: No, not in this 7 BY MR. MORRISON: 7 release. 8 Q. Sir, can you tell us who Mr. Yurkovich is? 8 BY MR. MORRISON: 9 A. He is a retired Goodyear individual. 9 Q. And you would agree that Mr. Yurkovich had 1 1 Q. And in 1996, what position did he have at 1 0 more hands-on experience with this tire than you 1 1 Goodyear? 1 1 did, rightthe Truck Tire Group. I don't 1 2 MR. DORAN: Objection; fOIm- 1 3 know exactly what his position was in 1996. 13 THE WITNESS: No, I am not sure I 4 Q. And in this press release, Mr. Yurkovich is 1 4 agree with that. 1 5 discussing the G159 and G124 tires, is that not 1 5 MR. DORAN: Just to clarify, 1 6 fair? 1 6 when you say "this tire,? you are always 1 7 A. Yes. 1 7 referring to, again, the G159 Thanksthe statements he makes about 1 8 MR. MORRISON: Correct. 1 9 the G159 tire is that it was designed 9 BY MR. MORRISON: 2 0 speci?cally for stop and stop delivery service, 2 0 Q. So you are now saying that Mr. Yurkovich -- 2 1 is that not fair? 2 1 you had as much real experience with the G159 2 2 MR. DORAN: Objection; form. 2 2 tire as Mr. Yurkovich? 2 3 THE WITNESS: That You asked hands-on experience. He was a 2 4 things he says. That is one of the services, 2 4 high-level manager. I am not sure how close 2 5 applications it was designed for, but not 2 5 contact he was to the product. 7 4 7 6 1 exclusively. 1 Q. Have you spoken with him about the 2 BY MR. MORRISONSir, my question is, in this press release, 3 Q. All right. Let me ask you this: Do you 4 does he not say that the G159 tire was designed 4 agree with this statement: "The G15 9 is 5 speci?cally for stop and start delivery 5 designed to be used on urban vehicles,? do you 6 service? 6 agree with that statement? 7 MR. DORAN: Objection; form. 7 A. That can be one of its applications. 8 THE WITNESS: He says, ?constant 8 Q. "Vehicles that encounter a lot of stopping, 9 stop?and?go driving." 9 starting and turning," do you agree with that 1 0 BY MR. MORRISON: 1 0 statement? 1 1 Q. And that was also designed with a wide belt 1 1 A. Yeah, that can be part of the applications 1 2 package, is that true, for this application? 1 2 for this tire. 3 MR. DORAN: Objection; form. 1 3 Q. And do you agree that a delivery truck 1 4 THE WITNESS: That is what he 1 4 would be a good example of the type of use the . 1 5 said in here, yes. 1 5 G159 tire was designed for? 1 6 BY MR. MORRISON: 1 6 A. One application. 1 7 Q. And it was designed with a deep tread 7 Q. And that it was not designed for highway 1 8 pattern to accommodate the application of 1 8 use? 1 9 deiivery service, right? 1 9 A. No, I disagree. Delivery trucks go out on 2 0 MR. DORAN: Obj ection; form. 2 the highway also. 2 1 THE WITNESS: Yes, he mentions 2 1 Q. Let me show you what I am going to mark as 2 2 deep computer-?designed tread patterns. 2 2 Plaintiffs 120 to your testimony. 2 3 BY MR. MORRISON: 2 3 (Thereupon, Plaintiffs Exhibit 120 2 4 Q.- Okay. Here is my question. In the press 2 4 of the MI. Stroble deposition was 2 5 release where Mr. Yurkovich, who actually worked 2 5 marked for purposes of Nisan.- 1' COURT REPORTERS OF AKRON 330-452?2400 330?666?9800 ANTON AND CLEVELAND 216?621?6969 Case Document 82-2 Filed 09102/08. Pageiliq?of 39 PagelD 1,012 330-666-9800 COURT REPORTE - - - RS OF AKRON CANTON AND CLEVELAND 330-452-2400 20 (Pages 77 to 80) 7 7 1 identi?cation.) 1 BY IVIR. MORRISON: . 2 MR. DORAN: Thank youyou have an understanding that the 3 mean to leave that in there? Again, to the 3 Fleetwodd manufactured Class A RVs, and that is 4 extent that 4 how they were using your tire? 5 MR. MORRISON: It doesn't say 5 MR. DORAN: Objection; form. 6 another case. 6 MS. MAROON: Join. 7 MR. DORAN: Well, it still has 7 THE WITNESS: I am sorry, say 8 Bates stamp numbers. Are you going to remove 8 that again, please? 9 the Bates stamp numbers? 9 BY MORRISON: . 1 0 MR. MORRISON: We can, that is 1 Q. Do you have an understanding that Fleetwood 1 1 ?ne. 1 1 was actually one of the RV companies that was 1 2 MR. DORAN: Thank you. 1 2 placing the G159 275/7'0 on their Class A 1 3 MR. MORRISON: I have already told 1 3 A. Yes. 1 4 you I would you could, please ?nish the 1 5 MR. DORAN: Okay. You know, 1 5 paragraph. 1 6 just anything with a Bates stamp number that you 1 6 A. "The G159 tire is designed to be used on 1 7 are going to be introducing as an exhibit, you 1 7 urban vehicles, vehicles that encounter a lot of 8 are going to remove the Bates stamp numbers. 1 8 stopping, starting and turning. This type of 1 9 MR. MORRISON: Fair enough. 1 9 driving leads to a high degree of'tire 2 0 MR. DORAN: Okay. And the same 2 scrubbing. A delivery truck would be a good 2 1 thing with, ifthere is any exhibit tags from 2 1 example of the type of use the G159 tire was 2 2 another case, you will remove those as well? 2 2 designed for. The G15 9 tires do not receive a 2 3 MR. MORRISON: That is ?ne. 2 3 high degree of'scrubbing in our application 2 4 MR. DORAN: That is time. That 2 4 because our units see mostly highway use. The 2 5 is ?ne. I just want to -- so I don't have to 2 5 steps we take to ensure an accurate alignment of 7 8 8 I raise that as an issue again. 1 our units also reduces the scrubbing of our 2 THE Is this 2 tires. This lack of scrubbing in our 3 communications? 3 application results in the irregular wear 4 MR. MORRISON: N0. 4 patterns found on the G159 tires used on our 5 MR. DORAN: He hasn't asked a 5 products. Tire rotation is currently the only 6 question about it. He asked you to look at it. 6 available 7 BY NIR. MORRISON: 7 Q. Can I have that document back for a second? 8 Q. Sir, will you -- let me ask you this: 8 (Handing) 9 Plaintiffs 120, it is a memorandum dated 9 Q. In 1996, this memorandum basically 1 0 September 9, 1996, and it is regarding Goodyear 1 0 represented that the G15 9 was not designed for 1 1 tire issues, and it is discussing the 1 1 highway use; is that fair? 1 2 characteristics of the Goodyear G159 tire. 2 MR. DORAN: Objection; form. 1 3 Could you read for the jury the last full 1 3 THE WITNESSparagraph? 1 4 Goodyear document. It is a restatement of 1 5 MR. DORAN: May I take a 100k 1 5 information obtained somewhere. 1 6 at the section he is referring to? 1 6 BY MR. MORRISON: 1 7 (Pause) 7 Q. It is a Fleetwood document; is that right? 1 8 MR. DORAN: Thank you. Object 1 8 A. I believe so. 1 9 to form. Other than that, go ahead. 1 9 Q. And Fleetwood was one of the companies that 2 0 THE ?It is believed 2 was actually utilizing the 275/70 on their 2 1 that these wear" patterns are due to the 2 1 Class A is that right? 2 2 characteristics of the Goodyear G159 tire and 2 2 A. Yes, sir. 2 3 the type Of driving they are subject you know who a gentleman named Mike 2 4 units. The G159 2 4 Smith is? 2 5 2 5 A. Yes. 216-621-6969 -Case Document 82-2 Filed 09/02/08 Page 11 of 89 PagelelOlB? =3353162232225122945?" 33 0? 15-535: 666- 9800 29 (Pages 113 to 116) 113 115 1 Mr Stroble is designated to testify to. 1 get a special master with these depositions 7 2 MR. MORRISON: Who is going to 2 MR. DORAN: No. 3 testify to that issue? 3 MR. MORRISON: But let me move on, 4 MR. DORAN: We objected in 4 okay, because -- 5 whole as to designation number 19, as stated in 5 MR. DORAN: Why? As it relates 6 Exhibit Number 113. 6 to 4 and 5, you can talk about that document, 7 BY MR. MORRISON: 7 just not about the matters, the testing 8 Q. Are you familiar with that document? 8 conducted by Goodyear of?model G159 tires in 9 A. Yes, sir. 9 connection with application for patent, the 1 Q. And could you tell the jury what that 1 0 5,435,369. 1 1 document is? 1 1 If'you want to talk about how some of 2 MR. DORAN: Object and instruct 1 2 those issues relate to 4 and 5, I donanswer. That is not one of'the 1 3 I could obj ect. But if you want to talk about 1 4 topics for which Mr. Stroble is designated to - 4 testing and how these matters were deveIOped 1 5 testify. 1 5 with respect to the patent, then we have stated 1 6 BY MR. MORRISON: 1 6 our Objection. 1 7 Q. That document is actually a patent received 1 7 BY MR. MORRISON: 8 by Goodyear engineer relative to nylon cap 1 8 Q. What is your understanding as to when the 1 9 overlays, is that not true? 1 9 tire, the Irwin tire was made? 2 0 MR. DORAN: I am going to 2 0 A. Seventh week of 2002.. 2 1 instruct I am going to instruct Mr. Stroble 2 1 Q. Essentially, February 2002? 2 2 not to answer that question, based on the 2 2 A. Probably, yeah. 2 3 responses and objections as contained in Exhibit 2 3 Q. Well, seventh week is in the month of 2 4 Number 113. 2 4 February; is that right? 2 5 MR. MORRISON: You will let him 2 5 A. Yeah, I believe talk about paragraph 4 and 5, the extent which 1 Q. You can't disagree with that one, can you? 2 nylon overlays were considered for the use of 2 I mean, we can pull a calendar out, canthat fair? 3 We can agree with that one? 4 MR. DORAN: That is trueMR. MORRISON: And you will also think we established 6 let him talk about the reason nylon overlays 6 earlier that the 275/70 series was ?rst 7 were not incorporated, is that also fair? 7 manufactured for sale in this country in 1996; 8 MR. DORAN: Yes. 8 is that fair? 9 MR. MORRISON: And are you telling 9 A. The 275 series? 1 0 me that whether a patent fora nylon overlay 1 0 Q. 275/70 was ?rst made available for sale in 1 1 received by Goodyear is not a part and parcel of 1 1 the North American market in February of '96; is 1 2 those two topics? 1 2 that right? 1 3 MR. DORAN: We have stated our yes. 1 4 objection. 1 4 Q. Okay. And my question is simply this: 1 5 MR. MUSNUFF: Hold on. 1 5 123, can you tell us what that document is? 1 6 (PauseUnited States patent number 1 7 DORAN: Okay. One second, 1 7 5,435,369.. 1 8 pleasepatent fer what, sir? 9 MR. MORRISON: You know what, 1 9 A. Truck tire with split overlay. 2 0 y'all have wasted more of my time. 2 0 Q. In other words, a nylon cap ply? 2 1 MR. DORANSplit overlay; not a full cap. 2 2 have -- 2 2 Q. And who obtained and received this patent? 2 3 MR. MORRISON And the continued 2 3 A. Three individuals. 2 4 interruption. And if'we have to, we are going 2 4 Q. And what are those individuals names? 2 5 to have to I guess we are going to have to 2 5 A. Pedro Yap, Alan Dale and TGuy Dauphin. COURT REPORTERS OF AKRON CANTON AND CLEVELAND 330?452-2400 216-621-6969 Case ,,Document,,82?2 Filed 09/02/08 Pagelgiof 39 PagelD 1014 42 (Pages 165 to 168) 01.4:me 165 A. Yes, sir. Q. And when a tire is speed restricted, what does that mean? A. That means you limit the speed that that tire can operate inthat? A. Some tires are designed to operate up to certain levels, but not beyond, in terms of speed. Q. And you restrict the speed. And is one of the reasons that Goodyear puts a speed restriction on a tire because operating the tire over that Speed can cause durability issues, such as tread separation and failures? MR. DORAN: Objection; form. THE WITNESS: A lot of times, we put speed restriction on, because that is the vehicle restriction. The vehicles BY MR. MORRISON: Q. I just want to talk about the tire. Okay? A. Well, that is why we put a speed restriction on a tire. It is designed for a vehicle that only that is only restricted or it is restricted to certain speeds. Q. Such as a dump truck or a metro bus or L?rthI??Omm?mmrwal??OKD people, it bumps up against the curb and can scuff it. Q. And what is the design consideration that a design engineer, someone at Goodyear, takes into account for that particular use, the metro use, where you have got a bus scuffing up against the curb? A. They might put heavy scuff ribs on the sidewall. Q. Okay. And they would also have a thicker tread package? A. It is possible. It might be thirmer. Q. Well, you would agree that the design considerations for a metro speed restricted tire are different than an over?the-road highway tire? A. In some circumstances, they could be, yes. Q. And one of the areas I requested testimony concerning was the speed rating for this tire when it was first introduced in this country in '96. You are here to talk about that, right? A. Yes, sir. Q. And the speed rating was 65 miles per hour; is that right? A. Yes, in the engineering data book, it was F4 Nl??OKOmemU?lusw 23 24 330?666- 9800 25 166 something like that? A. Yes, sir. Q. And you would agree that there are design considerations when you make a tire for metro service use; is that true? A. Yeah, there are some. For a bus, metro bus, yes, there would be restrictions. Q. And what would those restrictions be, what were some of the design parameters to help design for that use? A. Well, some ofthe compounding may be set for curb scuffing, it may have curb scuffs, ribs on the sidewall, where it bumps up against curbs. It may have a heavier nonskid or a longer wear. Q. Okay. You have got the tread issue, right? MR. DORAN: Objection; form. THE WITNESS: What issue? BY MR. MORRISON: Q. Okay. You have got I am talking about with metro buses. Okay? You said what did you say about scuffing again? A. It may have scuff ribs on the sidewall. Q. And what are those? A. When the bus pulls into the curb to pick up - 168 rated 65. Q. And can you tell me all the steps that Goodyear took to assure that this tire was appropriate for 6.5 mile per hour use on Class A motor homes prior to its launch in February of A. During the development, the development tests were run, and those would include high speed testing. Q. Have you ever heard of'anything called ?matrix testing"? A. No. Q. You don't know what matrix testing at Goodyear is? A. No. Q. Okay. You said durability, high speed testing would be done; is that true? A. Or was done in the development of the load range H, G159. Q. You have never seen it, have you? A. No. Q. Any other type oftest? Just walk me through the different types of tests that Goodyear will do. MR. DORAN: 1g: 5.53;? form. 330-452_2400 216?621?6969 Case Document 82-2 Filed 09/02/08 Page 13 of 39 PagelD 1015 44 (Pages 173 to 176) 330?666?9800 . (3:464:24 ieCan you ?nd that out? 1 about those things, and we will taik about it in 2 A. I could, yes, sir. 2 September. Let me get back. This tire was 3 Q. There is a gentleman I say gentleman," 3 originally speed rated for 65, and you told me 4 it might be a ma'arn to me, D. Yeeman. 4 everything that Goodyear did to assure that it 5 MR. MURPHY: It might not be a 5 was appropriate for the use on Class A motor 6 gentleman at all. 6 homes, is that right, you did testing? True? 7 (Laughter) 7 A. That was appropriate for any highway 8 BY m. MORRISON: 8 service. A tire doesn't know 9 Q. Who is D. Yeeman? 9 Q. I understand your position. Okay. 1 A. I am not sure what his title was. 1 0 MR. DORAN: If you could let 1 1 Q. He was the one actually running these 1 1 him ?nish the response, we would appreciate it. 2 tests, wasn?t he? 1 2 BY IVIR. MORRISON: 1 3 A. I don't know whether he ran it or wrote it. 1 3 Q. Here is my question: The speed rating 1 4 Q. He was involved, wasn't he, somewhat? 1 4 changed in 1998; is that true? 1 5 A. Yes. 1 5 A. Around there, yeah. On the tire or on the 6 Q. Do you know where he is now? 1 6 highways? 7 A. NO, I don't. 1 7 Q. On the tire. 1 8 Q. Is he still employed with Goodyear? 1 8 A. Yeah, it was around '98. 1 9 A. I am not sure. 1 9 Q. Okay. And, in fact, the speed rating 2 Q. Who would you call to ?nd out? 2 0 coincided with the increase of speed limits 2 1 A. I would have to ask around. 2 1 around the country ?om 60, 65, to 70-plus; is 2 2 Q. Who would you ask ?rst? 2 2 that right? 2 3 A. - Maybe people in the current con?guration 2 3 A. Well, I think the speed rating went ?orn 55 2 4 of the radial medium truck area, maybe someone 2 4 to 65, and then certain states bumped it up even 2 5 in testing, maybe someone in Danville. 2 5 higher on the highways .. that where the tires is that where 1 Q. Okay. When did the speed rating of this 2 the high speed durability testing is done, 2 tire change to 75 miles per hour? 3 Danville? 3 A. I believe it was '98 was the ?rst time done in Akron. 4 was published. 5 Q. Where was it done for this tire? 5 Q. Okay. And in calendar year 1998, did 6 A. I am not sure. 6 Goodyear perform any testing to assure that this 7 Q. Do you have an idea? 7 tire was safe and durable to operate at 75 miles 8 A. I am not sure. 8 per hour? 9 Q. DO you have a guess? 9 A. No testing that we have records on. 1 0 A. It may have been Danville1997, was any testing done that you can 1 1 sure. 1 1 ?nd? 1 2 Q. Where is the other testing facility, other 1 2 A. No, none that I found records on. 1 3 than Danville, Where this tire could have been 1 3 Q. And were there any design changes? And I 1 4 tested? 1 4 think you told me no major changes Akron, 1 5 to this tire? 1 6 Q. You are telling me under oath, sir, that 1 6 A. That's correct. 1 7 you have no idea when the test protocol was 1 7 Q. To make it more durable, right? 1 8 changed? 1 8 A. That's correct. 1 9 MR. DORAN: Objection; form. 1 9 Q. And more appropriate for highway use, 2 0 THE WITNESS: Well, it was :2 0 right? 2 1 Changed in June June l4th, '05 .. But there 2 A. I mean, there is no major changing, there 2 2 could have been a revision prior to that, too, 2 2 is minor tuning'in the plants going on all the 2 3 that changed it. So I don't know, I can't say. 2 3 time. 2 4 BY MR. MORRISON: 2 4 THE VEEOGRAPHER: Would this be a 2 5 Q. I understand, you are the person to ?talk 2 5 good time to change Videotape? COURT REPORTERS OF AKRON CANTON AND CLEVELAND 330?452?2400 216-621-6969 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA NINA FAYE Individually and as Personal Re resentatrve of the Estate of JD JAMES IRWIN, IV, deceased,_ Plaintiffs, VS. CASE NO. GOODYEAR TIRE a. RUBBER I C) a forergln coIRoratron? MONACO COAC ,co a forel r) cor oration; DAYS RV CE TER. a Fionda corporation, Defendants. DEPOSITION OF APRIL KLEIN, a witness in the above captioned cause of action, taken pursuant to written notice, before Tiruothy B. St. Clair, RMR, Notary Public, State of indiana, on the 30th day ofluly, 2008, at 11:14 o'clock am, at the Executive Suites, located at 105 East Jefferson Blvd, South Bend, Indiana. St Clair Court Reporting . Post Of?ce Box 245 Mishawaka. Indiana 45546 574.291.9125 1 888.959.3376 HMZIW Pagenl4, of 39 Page D_1016_. APPEARANCES RICHARD D. MORRISON, ESQ. J.SCOTT MURPHY, ESQ. Beasley Atien Law Firm Allen 8. Murphy, PA. 218 Commerce Street 429 Keller d. Montgomery, Alabama 36104 _Surte 300 Orlando, Flonda 32810 Appearing for the Plaintiff TIMOTHY MC DERMOTT, ESQ. Akerrnan Senter?tt 50_North Laura Street Surte 2501) . Florida 32202-3646 MICHAEL HAYS ESQ. . Monaco Coach orporatlon 606 Nelsons Parkway Wakarusa. Indiana 4 573 Appearing for the Defendants; Monaco Coach Corporation and Lazy Days RV Center CHRISTOPHER DURAN, ESQ. Murray, Mann Herman, PA. 101 East Kennedy Bouievard Surte 1810 . Tampa, Fionda 33602 BASIL J. MUSNUFF, ESQ Roetzei Andreas 222 South Main Street Akron, Ohio 44308 Appearing for the Defendant; Goodyear Tire Rubber Inc. ALSO PRESENT: Robert Harlan LAM Direct Examination . By Mr. Morrison . Page4 Cross Examination By Mr. McDermott .. .. Page 136 Redirect Examination By Mr. Morrison .. .. Page 138 No Recross Examination Chm?tecmmued PageA MR. JOHNSON: We're on the record, the time is 11:14 am. Today is Wednesday July 30th, 2008. You may proceed. Would the court reporter please swear in the witness. APRIL KLEIN who being ?rst duly sworn upon her oath was examined and testi?ed as follows: DIRECT EXAMEYATION. Q. Ma'arn, could you tell us your name? A. April Klein. Q. And Miss Kline who do you work for? A. Monaco Coach Corporation. Q. And Miss Klein, you understand that you're here testifying on behalf of Monaco today, is that correct? A. Yes. Q. And you understand that you're testifying as to between Monaco and Goodyear relative to the tires, is that correct? A. Yes. Q. And various issues that surfaced concerning the G15 9/275 and it's use on Monaco coaches. You understand that as well? A. Yes. MR. MC DERMOTT: We have her notice of videotape deposition that defines the categories that she's serving as the corporate rep EXHIBIT 0E9 PagelDPage.29 Page30 her, it?s in front of her. 1 Q. Okay. Now, and who all was there for Monaco? THE WITNESS: He gave it to me. 2 A. lbelievel was there. lim Walls was there. Scott MR. MORRISON: Okay. Good. Okay. 3 Zinuner was there. And 1 believe we may have had some purchasing l?rn sorry it get passed away around or some are 4 people come in towards the end for the rest of the presentation, we still on the record? 5 which was relative to their RV speci?c tire they were MR. JOHNSON: Yes, we are. 6 developing. BY MR. MORRISON: 7 Q. Okay. And and Mr. Walls, what is his position with Q. All right. I've handed you '208' to your testin?rony, 8 -- with Monaco? have you seen that document before? 9 A. He supervises our call center. A. Yes. 10 Q. And what was his position back in 2000? Q. And could you tell the people on the jury exactly what 11 A. That?s what it was then. that document is? 12 Q. And it was important that he be there, is that right? A. It?s a PowerPoint presentation. 13 A. Yes. Q. And it?s a presentation made by Goodyear employees important? Monaco employees back in 2001, is that right? 15 A. He was handling the phone calls from the people that we A. Yes. 16 were receiving information on tire problems that they were Q. In fact, Goodyear employees came out to Oregon to make a 17 having on their Windsors. presentation, is that right? 18 Q. And, in fact, 1 think you -- you told me when we Spoke A. Yes. 19 about a year ago that it was Mr. Walls who ?rst brought the Q. And who were some of those Goodyear employees, do you 20 the issue with the tires to your attention, is that recall? 21 right? A. Bill Wolford, John Riddle, and 1 can?t remember if -- 22 A. Correct. those are the two that I remember. 23 Q. And 1 think you told me it was some three to six months Q. You remember Mike Smith being there? 24 prior to the presentation in October of 2001, is that correct? A. 1 don't -- 1 don't remember if he was there or not. 25 A. Yes. Page.3l Page.32 Q. And Mr. Walls, how is his of?ce in location to yours, '1 Can you read for the my the particular page that we?ve put in you all right down the hall? 2 front of you? A. Yeah, in the same building just down the hall. 3 A. recent liability issue surfaced that merited an Q. And 1 think you told me that when there is an issue that 4 engineering investigation of tire performance on model year 2000 he thinks merits your attention he?s going to come and talk to 5 Windsor's?. you about it, right. 6 Q. And the tire performance was with the is that A. Right. 7 correct? Q. And the issue that merited your attention was the 8 A. Yes. perfomrance of the tires with some of your coaches, is 9 Q. And failures, is that right? that right? 10 A. Yes. A. it was specific to the Windsor. 11 Q. Failures that could pose safety hazards for your Q. But he told you about the issue, right? 12 customers, is that right? A. Yes. 13 MR. MC DERMOTT: Form. Q. And it was obviously important to Monaco, right? 14 A. Yes. A. Yes. 15 BY MR. MORRISON: Q. And he's been receiving complaints and calls to some 16 Q. And the Windsor, that's a Class A motorhome time prior to this three to six months before 2001, is that 17 A. Yes. right. 18 Q. -- is that right? A. Yes. 19 And ithad the same tire that was on the lrwin coach, is Q. Now, I asked you -- tell me about that conversation 20 that right? Did he just walks in and you all start talking, or what's going 21 A. Yes. on there? 22 Q. Now, let?s get back to the conversation you had with A. Yeah. He. just --he said he was getting some phone 2.3 Mr. Walls. Tell me everything he -- he said to you when -- when calls on these Windsor tires, and it was involving Goodyear. 24 you walked into the of?ce? 25 A. 1 don?t recall everything that he said, but the general Q. Okay. And back to the documents in front of you '208?. Page. 41 Page 42 1 their lives and were seriously injured, right? 1 A. Yes. 2 . MR. DORAN: Form. 2 Q. And -- do you have -- in your experience with manuals, 3 A. Yes. 3 are you familiar with any studies generated by various 4 BY MR. MORRISON: 4 automotive societies that recognize that most consumers do not 5 Q. As a result of tire failure, right? 5 read their owner's manuals? 6 A. Yes. 6 MR DORAN: Form. 7 Q. And you recognize the the reason to do a corner by 7 A. lwouldn't agree with that. 8 comer weight, right? 8 BY MR. MORRISON: 9 A. Yes. 9 Q. Are you aware of any studies? 10 Q. And you didn't do it on that trip, did you? 10 A. No. 11 A. No. The vehicle was unloaded. 11 Q. Has Monaco done any studies itself to determine the best 12 Q. And and this also had a 670 on it, didn't it? 12 way to convey a warning? 13 MR. DORAN: 01m. 13 MR. DORAN: Form; 14 MR. MC DERMOTT: Form. 14 A. No formal studies. But in talking to our customers they 15 A. You know, and I guess you asked me if I knew what 15 frequently refer to the manual. 16 speci?c weights were. Ilmew generally what those weights are 16 BY MR. MORRISON: 17 with the vehicle unloaded. 17 Q. We*ll revisit that in a second, okay? 18 BY MR. MORRISON: 18 A. (nodding). 19 Q. Okay. Simple question; you didn't do a corner by corner 19 Q. But let?s get back to when you learned about the issues 20 weight? 20 with the 6159/275. 1 think you told us the conversation with 21 A. No. 21 Mr. Walls occurred about six months, three to six months prior 22 Q. Pursuant to the manual you all put out, right? 22 to 2001, or October 2001, is that about right? 23 A. Right 23 A. (nodding). 24 Q. And that you expect your customers to follow each and 24 Q. Takes us back to the spring of 2001, is that about 25 every time, is that right? 25 right? Page.43 Page.44 1 A. Yeah, I suppose. Like 1 said ifI had another I know 1 presentation, is that what your question is, or is it ever? 2 it was prior to this PowerPoint presentation in the fall of 2 Q. Prior to October 2001. 3 2001. 3 A. I believe -- no, I?m not sure. 4 Q. Well, and -- and you brought up a good issue. Have you 4 Q. Never seen any? 5 seen any correspondence, or documentation internally that dealt 5 A. No. I'm not saying that I haven't seen any, I'm not 6 with -- with the tire failure issue on Monaco coaches? 6 sure of the time line between all of -- between as all of these 7 A. Internally 7 was happening, this is ?ve, six, seven years ago that this has 8 Q. Prior to 2001. 8 taken place. 9 A. Our documentation? 9 Q. air enough, fair enough. One of the things I --1 10 Q. Yes. 10 asked you when we spoke last summer, is were you aware of the 11 A. Or Goodyear's documentation? 11 Fleetwood recall with Class A motor homes where the 275/70 was 12 Q. Your documentation, Monaco' 5. 12 substituted for a larger tire? 13 A. I don't recall, lmean we may have had some- -well, if 13 A. Right 14 its internal documentation, we have this. But that wasn't with 14 MR. MC DERMOTT: Form of the 15 -with respect to the failures. 15 question. Go ahead. 16 Q. Okay. My question is, we?ve got the Goodyear document 16 BY MR. MORRISON: 17 October 2001. 17 Q. Were you aware of that? 18 A. Right. 18 A. Yes. 19 Q. We?ve got your conversation that you're having in your 19 Q. And you told me that you became aware of it shortly 20 o?ice with Mr. Walls sometime in the spring of 2001? 20 after it was published, is that right? 21 A. (nodding). 21 MR. DORAN: Form. 22 Q. Any Monaco documents -- have you seen any Monaco 22 A. 1 don't know if I said shortly after it was published. 23 documents that dealt with tire durability issues with the 275 on 23 I do know that it was sometime shortly before we published the 24 its coaches? 24 replacement for the Windsor tires. 25 A. Between the time Jim talked to me, and the Goodyear 25 BYMR. MORRISON: ..Do.cum.ent 82-2 Filed 39PagelD. 10.19- .. ?77 Page.89 Page.90 1 ?ow Rick, what's your time line? Only because 1 MR. DORAN: Form. 2 it's quarter to 1:00, and if we're going to 2 BY MR. MORRISON: 3 continue on through then I think we out to take at .3 Q. So there's no reason to send it? 4 least 3th hour for lunch. If you you're 4 MR. DORAN: Form. 5 thinking you'll be done by 1:30 then we'll -- 5 A. Right. 6 MR. MORRISON: 1 think I'll be done 6 BY MR. MORRISON: 7 by 1:30. 7 Q. What's the next time you all met to discuss the issues 8 MR. MC DERMOTT: Okay. 8 with the the in this application? 9 MR. MORRISON: I really do. I 9 MR. DORAN: Form. 10 really do. And some people accuse me of being an 10 A. In person? 11 eternal optimist, but -- you know I think I'll 11 BY MR. MORRISON: 12 be done. Ireally do, I really do. 12 Q. Yeah. 1.3 MR. MC DERMOTT: if that works for 13 A. I believe the next time we met was in Akron. 14 everybody and the witness is comfortable Iljust 14 Q. Towards the end of January? 15 soon go through. 15 A. Yes. 16 MR. MORRISON: Yeah,1really do. 16 Q. Okay. Were there communications from the end of 17 Is that okay with you Miss Klein? 17 November leading up to the meeting in late January between 18 THE WITNESS: Yes. 18 yourself, Monaco employees, and Goodyear folks? 19 MR. MORRISON: Okay. 19 A. Yes. 20 BY MR. MORRISON: 20 Q. And what you all are doing is trying to determine the 21 Q. Okay. You've got the e-mail dated sometime in November, 21 logistics of changing the tire on the the Windsor models from 22 the 275 to the 295/80, is that right? 22 you didn't send it. You're thinking that one of the Goodyear 23 MR. MC DERMOTT: Form. 23 representatives, whether it's Mike Smith or Don Riddle, you all 24 met and you discussed everything in your e-mail? 24 MR. DORAN: Form. 25 A. Yes. 25 A. Not Page.91 Page..92 1 BY MR. MORRISON: 1 Q. And when Goodyear said we'll replace the models, what 2 Q. Okay. What were you all doing during November and 2 did that mean? 3 December or, late November, December, and January leading up 3 A. Replace the tires, you mean? 4 to this meeting? 4 Q. Yeah. 5 A. Well,1 believe we received word from, I think it was 5 A. They were going to replace it with a larger tire. 6 someone in our purchasing group that a voice mail had been left 6 Q. With a larger aspect ratio? 7 by, I think it was Rick Reed saying that Goodyear would replace 7 A. Yes. 8 these tires with a larger tire. And then we subsequently had 8 Q. When I say replace, Goodyear was going to pay for the 9 conversations trying to work out the logistics of that. 9 tires? 10 MR. DORAN: And further objection l0 .. MR. DORAN: Form. 11 to form to the last question. Thank you. 11 A. Yes. 12 BY MR. MORRISON: 12 BY MR. MORRISON: 13 Q. Okay. Monaco and Goodyear are studying the issues with 13 Q. As opposed to Monaco? 14 this tire on some of Monaco's coaches, and sometime in -- when 14 A. Yes. 15 was it, sometime in December that Rick Reed left the voice mail? 1.5 Q. And as opposed to your customers? 16 A. I'm not 16 MR. DORAN: Form. 17 MR. DORAN: Form. 17 A. Yes. 18 A. I can't I couldn't tell you exactly. It was sometime 18 BY MR. MORRISON: 19 in the before mid Decemberl would say. 19 Q. And you can't be speci?c, but it was a voice mail left 20 BY MR. MORRISON: 20 by Mr. Reed sometime in November, December, 2001? 21 Q. Okay. And essentially Goodyear said; we will replace 21 A. Right. 22 the tires on your Windsor models, is that right? 22 Q. Let me show you what I'm going to mark as '214' to your 23 MR. DORAN: Form. 23 testimony. And can you tell us what that e-mail is? I'm not 24 A. Yes. 24 going to ask anything of substance. 25 MR. MC DERMOTT: What's the date of 25 BY MR. MORRISON: SOFESH RES Case 82-2 E3 d?6?8? 358.99 18,"er39 PageJD 10.20 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CASE NO.: NINA FAYE IRWIN, Individually and as Personal Representative of the Estate of JOHN JAMES IRWIN, IV, deceased, Plaintiff, vs. GOODYEAR TIRE RUBBER, INC., a foreign corporation; MONACO COACH CORPORATION, a foreign corporation; and LAZY DAYS R.V. CENTER, a Florida corporation, Defendants. VIDEOTAPED DEPOSITION OF RICHARD VAUGHAN Taken on Behalf of the Plaintiff DATE TAKEN: August 1, 2008 TIME: l:34 p.m. to 3:30 p.m. PLACE: Sclafani Williams Court Reporters 101 East Kennedy Boulevard Suite 1970 Tampa, Florida 33602 Stenographically Reported By: Pamela A. Stafford Certified Court Reporter Sclafani Williams Court Reporters, Inc. 1-(866) SEF-DEPO (738-3376) 1 1 2 A. Yes. 1 Q. How many meetings? 2 Q. One of the areas that's been designated is 2 A. Just a couple. i mean, two. 3 the use of the Goodyear G159 Load Range 3 Q. Two. 4 tires on leetwood and Monaco Class A Motorhomes. 4 How lung ago, can you give me some time 5 Do you understand you're speaking for 5 frames? 6 Lazy Days on that issue here today? 6 A. How long -- that was, I would say, 2000.. 7 A. Yes. 7 Q. Where -- well, I'm going to deal with you 8 Q. I'm going to shorthand that Goodyear G159 8 are telling me two. You have a memory of two different 9 designation. When I say G159, I'm going to talk about 9 meetings? 1 that Speci?c size tire. Okay? 1 A. Yes. Meetings, yes. 11 A. Okay. 1 1 Q. What I want to - then I'm going to talk 12 Q. To save some room on the transcript and make 12 about meeting number one, all right, being the first in 1 3 it easier. 1 3 time. 14 Secondly, was the recall or exchange of the 1 4 Do you recall what month in 2000 that was? 15 Goodyear G159 tires on leetwood and Monaco motorhomesyou understand that you have been 1 6 Q. Were both meeting one and meeting two in 1 7 designated to speak for Lazy Days on that issue as well? 1 7 2000? 18 A. Yes. 1 8 A. Yes. 19 Q. Meetings number three was meetings with 1 9 Q. The first meeting, then, whatever month that 2 Goodyear, Monaco or Fleetwood regarding the G159 tire. 2 0 took place, who was present? 2 1 You understand you?ve been designated on that 2 1 A. You had Goodyear reps there, and you had some 2 2 area as well? 2 2 of -- I mean, other Lazy Days employees there, I mean, 2 3 A Yes. 2 3 management. 2 4 Q. And lastly, truing or tuning or otherwise 2 4 Q. Was there any representatives there from any 2 5 modifying tires on new Class A motorhomes prior to sale. 2 5 RV manufacturers? 1 1 1 3 1 You understand you've been designated on that 1 A. What we were going over yes. There 2 issues as well? 2 probably in yes. I will say yes. 3 A. Yes. 3 Q. Do you remember which manufacturers were 4 Q. Did you yourself ever attend any meetings 4 represented there? 5 . with Goodyear representatives where the G159 tire was 5 A. Yes. 6 being discussed? 6 Q. Which ones? 7 MR. DORAN: I'm going to object to the same 7 A. I would say Fleetwood. 8 thing as we had in the prior depositions with 8 Q. Any other manufacturers present? 9 respect to other vehicles and other tire lines. 9 A. No. 1 0 MR. MURPHY: Yeah, you can have 1 Q. Do you remember the names of any of the 1 1 MR. DURAN: Plus just a continuing objection Goodyear representatives that were present? 1 2 with respect to foundation raised to substantial 1 2 A. The only one I remember would be Bill Rose. 1 3 similarity and substantial similarity -- 13 Q. What did you understand Mr. Rose's position 1 4 foundation a substantial similarity. 4 to be, was he the local Goodyear sales rep? 1 5 MR. MURPHY: And you can have a standing 1 5 A. Yes. 1 6 objection to that. 1 6 Q. Were there people from Goodyear there besides 1 7 MR. DORAN: Thank you, sol won't interrupt. 1 7 Mr. Rose? 1 8 BY MR. MURPHY: 8 A. Yes. 1 9 Q. Okay. With that in mind, not that you need 1 9 Q. Do you remember a Bill Wolford being present? 2 0 to care about that, but with that objection understood 20 A. No. 2 and stipulated as being reserved to my questions that 21 Q. Are you saying he wasn't, or you just don't 2 2 follow, have you yourself been present for any meetings 22 remember? 23 with Goodyear representatives regarding the use of' the 23 A. I don?t remember. 2 4 G159 tire? 2 4 Q. Do you remember the names, ?rst name, last 2 5 A. Yes. 25 name, of any other Goodyear representatives that were 4 (Pages 10 to 13) Sclafani Williams Court Reporters, Inc. 1-(866) SET-DEPO (738-3376) Case Document 82-2 Filed 09102l08. Page20 of 39 EagelD 1022 3 3 2 1. A. Yes. 1 A. No. 2 Q. Still not perfect? 2 Q. I'm going to get that set of documents marked 3 A. No. It wasn't perfect. 3 as Exhibit 227. The cover sheet references this Service 4 Q. So what would happen if you still had tires 4 Bulletin, it looks like it has a number 02-07-08. And 5 that were out-of?round and causing vibration? 5 this is addressed to Monaco dealers referencing the 6 A. I would have broke that tire back down and 6 Goodyear Product Service Bulletin. And it?s dated 7 mounted another one and marked that tire. It would have 7 July 23, 2002. And it looks like it's a courtesy copy 8 went into a separate pile to go back to Goodyear. 8 being provided to Monaco dealers. 9 Q. What was what, if anything, was the result 9 (Exhibit 227 was marked for identi?cation.) 1 0 of that second meeting? 1 A. Yes. 1 1 A. It was just more information. They were 1 1 Q. Did you see this in your capacity I guess at 12 checking to see if' their screening had improved the 12 that point ?of still being a highline chassis technician? 3 process, which it had. 1 3 A. I did not see that at that time frame That 1 4 Q. As a highline chassis technician, I know you 14 was came -- that would have came through our Warranty 15 made a comment before, anything to do with braking, 15 Department. And we are not allowed to do it. It would 1 6 steering, and something else. And I 1 6 have probably went more to the service advisor', so if?a 7 A. I said anything that makes it go, stop, or 1 7 customer came in then they could inform that customer 1 8 steerGoodyear dealer at that point. 1 9 Q. Stop or steer. Okay. 1 9 Q. That's -- you mentioned that again, the 2 0 And generally, are you going to be dealing 20 Warranty Department, in getting some of this 2 1 with RVs that are coming in for service, or maintenance, 2 1 information, I think the recall information, from the 2 2 or repairs? 2 2 Warranty Department. 2 3 A. Yes. 23 Who was the head of the Warranty Department, 2 4 Q. At some point did you become aware of any 2 4 or who would you have had some interaction with from the I 2 5 issues with the G159 tires on Monaco 25 Warranty Department insofar as these kinds of issues 3 3 3 A. No. 1 would be concerned? 2 Q. Did you in the documents that have been 2 MS. MAROON: During what time frame? 3 produced to me, this is Lazy Days 96 through 104, there 3 Q. Let's start with 2000. 4 is a Service Bulletin dated July 23, 2002, regarding the 4 A. Linda Roddy. 5 Windsor and replacement of the Goodyear tires on the 5 Q. Spell the last name, please. 6 Windsors, and specifically the G159 275/70 705. 6 A. R?o?ded-y. 7 A. I've seen that. 7 Q. Do you recall what her of?cial title or 8 Q. Okay. 8 position wasit. They took these back to 9 A. She was the manager over the Warranty 1 Goodyear dealers. So the Goodyear dealer in the area 1 0 Department. 1 1 would have performed that. 1 did not do that at 11 Q. How about in 2002, was she still there? 12 Lazy Days 12 A Yes. I think she was still in there. 13 Q. All right. Were you aware of that issue, or 13 Q. Is she still with Lazy Days? 1 4 that Product Service Bulletin that was going to Monaco 1 4 A. Yes, she's still with Lazy Days. 15 I mean, it was going to 1 5 Q. What's her I'm sorry. What is her 1 6 A. Back in 2000 or 2002? 6 position now? 1 7 Q. No, obviously, in 2002. Did you become aware 1 7 A. She is still over she's over the Warranty 1 8 of that? 8 Department and body shop. 19 A. No. I was not aware of" that then. LikeI 9 Q. I want to kind of get a better understanding 2 0 said, this being a Goodyear thing, if you read -- 2 as to what you were doing in this '99 -- or 2000 through 21 Q. Uhr-huh. 2 1 2002 time frame. I understand highline chassis 22 A. -- Goodyear would have taken them back to a 22 technician, you are dealing with anything that makes it 2 3 Goodyear dealer, which we are not a Goodyear dealer. 2 3 go, stop, or steer. 2 4 Q. Was Lazy Days, in 2000 to 2002, a dealer for 2 4 But are you do you have any interaction 25 any tires? 25 speci?cally'with customers, the consumers, as a 9 (Pages 30 to 33) Sclafani Williams Court Reporters, Inc. 1-(866) (738-3376) Case Document 82-2 Filed 09/02/08 21 of 39_Page_l__D_1_923, 3 4 3 6 highline chassis technician? 1 Q. Yes? 2 MS. MAROON: Excuse me. I'm going to object 2 You're doing something that's very natural, 3 to the form only as to the scope ofthe 3 and I'm just going to take a second because it will 4 deposition, but can I just have a standing 4 drive the court reporter nuts. You are anticipating my 5 objection as to the scope? 5 question, so you are starting to answer it before I get 6 MR. MURPHY: Yeah. ljust want to understand 6 it all out. And what that means is we are both talking 7 yeah, that's ?ne, you can. 7 at the same time. And when it comes out on a transcript 8 MS. MAROON: Okay. 8 it becomes a mess, because you got like three words of 9 BY MR. MURPHY: 9 my question, three words of your answer, another couple 1 Q. Do you understand my question? I'm happy to of words of my question. 1 1 repeat it if you want. 11 Do you understand what I'm saying? Everybody 12 A. Yes. I understand, yes. 12 does it. I'm just reminding you that just let me get my 13 Q. Okay. So tell me what interaction you would 13 whole question out. Okay? 1 4 have with customers as a highline chassis technician in 14 A. All right. I'm sorry. 1 5 this time frame of 2000 to 2002. 15 Q. No. Like I said, don?t apologize, but just 1 6 A. Well, I'm going to deal with customers on the 6 bear with me and try to remember. It will make the 7 fact that I need information from them to describe a 7 thing go smoother. 1 8 complaint to me. It has been written on a repair order. 1 8 All right. Were you ever involved or did you 1 9 It does not make sense to me the way it's written, so I 9 ever attend any meetings with where Monaco 2 -- yes, I have to deal with customers to gather 2 0 representatives were present? 2 1 information from them so we can perform the repair 2 A. I've been to meetings when Monaco people are 2 2 correctly. 2 2 present, yes. But what are you pertaining totaking the initial information from 23 Q. That?s fair. 2 4 the consumer, that wouldn't be you? 2 4 Were you ever at any meetings where Monaco 2 5 A. No. 25 representatives were present, and the issue of tiresWould that be a service advisor'? 1 tire failures, or loading on tires, or appropriate 2 A. Ihat's a service advisory 2 tires, things like that, were discussed? 3 Q. And if'a Customer was experiencing or had 3 MS MAROON: Form. 4 experienced a tire blowout, and was making - or a tire 4 A. No, 5 failure of some type, and wanted that tire replaced, 5 Q. Okay. There apparently was a meeting between 6 generally those kinds of decisions would be made before 6 Lazy Days, Monaco, and Goodyear sometime in September of 7 a vehicle got to you? 7 2001, I believe, when ride vibration issues were being 8 A. Yes. 8 addressed. 9 Q. Chassis shop foreman, in that position are 9 Were you present for that meeting? 10 you basically supervising the highline chassis A. No. 11 technician? 1 Q. In 2001, was Lazy Days truing tires at that 12 A. Yes, at that point I'm supervising. 12 point? 13 Q. The service advisors, are they under you as 13 A. No 1 4 the chassis shop foreman or are they kind of off to the 4 Q. When did Lazy Days start truing tires? 15 side and under a different 15 A. I would say late -- late '03, early '04. 1 6 A, They are oft'to the side under a different. 1 6 Q. And what led to that development, that is 7 Q, As a chassis shop foreman for the six years 1 7 what led to Lazy Days truing tires on its own? 1 8 up until I guess a month-and?a?half ago or so, would you 18 A. Because ofvibration complaints that we were 19 have much interaction with the actual consumers or users 19 trying to correct. 2 ofthe 2 0 Q. Had you gotten some authorization from one or 2 A. Yes. I've dealt with a lot of them. 2 1 more tire manufacturers to do that so the warranty 22 Q. Same kind of thing in terms of? 22 wouldn't be voided at that point? 23 A. Yes. 23 A, Yes. We got some understanding from them 2 4 Q. - trying to ?nd out what the problem was? 2 4 that the warranty wouldn't be voided at that point 2 5 A. Yes. 2 5 What they would do would prorate tires when they came in 10 (Pages 34 to 37) Sclafani Williams Court Reporters, Inc. 1-(866) (738-3376) Document Filed 09/02/08 22 of,39 54 A. I did not perform any ofthese, though. Q. Are you aware ofany incidents or problems that Monaco Coach owners or operators were having because of this issue that this customer satisfaction changeover, as they described it, was being done? MR. DORAN: orrn. MS MAROON: Join A. No. Q. Okay. I know that you can read this just as well as I can, but let me just read this part of it. This is in Exhibit 227, and it's the Product Service Bulletin that went to the Goodyear outlets and dealers. It references the fact that Monaco was going to be issuing a letter to the owners of 1999, 2000, and certain 2001 Windsor Class A motorhomes equipment with the Goodyear G159 275/7022.5 Load Range tires. And the letter was going to inform the customer that it has come to Monaco's attention that in a number of instances it was found that tire air pressure was being reduced in order to gain better ride comfort, and in doing so, tires were operated in an underinflated and overloaded condition. All right. Were you ever aware of that fact? MR DORAN: Form. MS. MAROON: Join. :waI?tires, yes, you are going to get a little better ride. We do not recommend it. What we told customers were "Go by the decal that's inside your coach af?xed to the wall. It's either going to be in the cabinet or on the left wall right by the driver?s seat. If you still have a concern with a harsh ride," then they could weigh that coach, and per individual tire weights, they could adjust their tire pressures to the chart that you had here earlier. But that's for Goodyear, Michelin, Toyo, Bridgestone, all ofthem across the board. Q. So it would be if they wanted to go lower than the pressures on the decal, they would have todo corner-by-corner or tire-by?tire weights, right? A. That's correct. Q. And would you ever recommend that they have different air pressure on the left versus the right? A. No. Whichever side is the heavy side, you adjust both tires to that. Q. Did you ever hear that there was some concern that the margin ofsafety for the Goodyear G159 tires was less than on other tires of similar size? MR. DORAN: Form. A. No. \Dm?mmthUNH 55 A. No, I was not. Imean, I did not perform any ofthese. So I?m sure they had information, but i did not perform any of'that, so I did not deal with this concern. Q. Well, I understand that this is going to Goodyear, and the tires are going to be changed out by Goodyear. But the problem or the issue that they are raising is with the operation of the Monaco Class motor-homes, these Windsors? A. Uh?huh. Q. Okay. And I'm just asking you there not I understand you weren't involved in the actual swapping out of the tires, but were you ever made aware of the issue to begin with? A. No I was not made ofthis aware ofthis issue, no Q. Well, did you ever - well, strike that. In your capacity as highline technician or chassis shop foreman, but more likely highline chassis technician, did you ever become aware that owners of Monaco Windsors, 1999 through 2001, were operating their motorhomes with tires at a reduced air pressure for a better ride comfort? A. When I say this across the board, Goodyear, Michelin, Toyo, any ofthem, ifyou let air out of'your mummemmw 0Referring back to Exhibit 226, the Fleetwood recall documents, there is a reference in terms of what is the problem, it says in part, "overloading of a tire can lead to tire failure, which can result in loss of vehicle control without warning and result in personal injury and/or vehicle damage." Do agree with that? MR. DORAN: Form MS. MAROON: Form. He's not being posited as an expert here. BY MR. MURPHY: Q. You can answer, if you can. A. Yes Q. Did you yourself ever have any conversations with anyone from Monaco on tire?related issues? A Not, per se, tire issues When they gave me this Fleetwood recall on the weight bias, Monaco, their rep, which would have been Scott, brought me it was either four or five coaches to weigh, because they had some concerns. I weighed those coaches for him at that point. His coaches weighed out ?ne as far as the 600 pound left-to-right discrepancy. That?s the only thing that was brought to my attention at that time. Because when this started, the other manufacturers were checking to make sure they 15 (Pages 54 to 57) Sclafani Williams Court Reporters, Inc. 1-(866) SET-DEPO (738-3376) Case Document 82-2 Filed 09/02/08 Page 23 of 39 PagelD 1025 ?7 4 7 6 -- you can visibly see the tread on the the 1 were you present when the photographs were taken? 2 Q. And these pictures that portray a tire, is 2 A. No. 3 there any Special tools needed to be able to look at the 3 Q. Do you know where the photographs were taken? 4 ?re in the way that it's depicted in these 4 A. No. 5 photographs? 5 Q. Do you know when the photographs were taken? 6 A. No. There is not any special tool to visibly 6 A. No. 7 inspect it. 7 Q. Other than speaking to Counsel for Lazy Days 8 Q. And can you inspect - by looking at these 8 and Monaco, and reviewing the documents that have been 9 photographs, do they depict that it is - that one is 9 marked as exhibits here today, did you do anything else 1 0 able to inspect both the outer edge of the tire I'm 10 in preparation for your deposition today? 1 1 sorry, the outer rib of the tire and the inner rib of 11 A. No. 12 the tire? 12 Q. Did you speak to anyone at Lazy Days on the 3 MR. MURPHY: Object to the form. 1 3 issues that you were called here to testify about? 1 4 A. Yes. You can with it turned out Where you 1 4 A. Just to CounselAnybody else? 1 6 Q. So a person would get into the motorhome, 1 6 A. No. 7 cock the steering wheel one way or the other, so that 7 MR. MURPHY: That's all I have. 1 8 the tires would turn out from the coach so that they are 18 THE WITNESS: Thank you. 1 9 not vertically aligned? 9 THE We are offthe video 2 0 MR. MURPHY: Object to the form. 2 0 record. 2 1 A. That's correct. 2 1 22 Q. And again, no special tool required then to 2 2 THEREUPON, the videotaped deposition of 2 3 see that inboard rib? 2 3 RICHARD VAUGHAN, taken at the instance of the Plaintiffwas concluded at 3:30 pm. 2 5 MR. MURPHY: Object to the formMR. DORAN: Just to clarify, were these 1 NOTE: The original and one copy of the 2 produced today the 02713? 2 foregoing deposition will be held by MR. copies 3 MS. MAROON: Last night, I think. Was it 3 to MS. MAROON, and MR. DORAN. 4 last night. I think the supplemental disclosure, 4 5 with the supplemental disclosure. I'm not sure if 5 6 the pictures were attached, but the disclosure was 6 7 made last night. '7 8 MR. MURPHY: And I think -- not that it 8 9 matters, but I think that Tim McDermott used them MR. DORAN: He had a different set. 1 1 2 MR. MURPHY: A different set? 1 2 1 3 MR. DORAN: I just wanted to clarify, so I 3 4 can keep track of Monaco Bate stamp numbers. 1 4 1 5 MS. MAROON: I'm going to mark Monaco 2713 5 1 6 through 2716 as Exhibit -- 1 6 17 MRDORAN: 231? 17 1 8 MR. MURPHY: Yes. 1 8 1 9 MS. MAROON: 231, Exhibit 231. 1 9 2 0 (Exhibit 231 was marked for identi?cation.) 2 0 2 1 MS. MAROON: I don't have anything else. 2 2 2 REDIRECT EXAM1NATION 2 2 2 3 BY MR MURPHYcouple of follow?up, Mr. Vaughan. 2 4 25 The photographs that were just marked as 231, 2 5 20 (Pages 74 to 77) Sclafani Williams Court Reporters, Inc. 1-(866) SET -DEPO (738-3376) Document 82-2, Page.24 01?39 Pagglp, 1026i MERRILL LEGAL SOULTIONS Court Reporting*Legal Videography*Trial Services Page 1 IN THE CIRCUIT COURT OF HALE COUNTY, ALABAMA CIVIL ACTION No. cv?040045 COPY Billy Wayne Woods; Shirley Woods; Jon M. Woods; and Stacy Woods, Plaintiff, vs. Goodyear Tire Rubber Company; Monaco Coach Corporation; and Colonial Sales?Lease-Rental, Inc., d/b/a Colonial RV Center, Defendant? DEPOSITION OF Mike Smith December 19, 2007 'Hmmr 44w 3 ?9 no (5 D. Suite 960*Birmingham, AL 2100 3rd Avenue North, Case Document 82-2 Page 25, of 39 PagelD 1027 MERRILL LEGAL SOULTIONS Court Reporting*Lega1 Videography*Tria1 Services 2 3 organizations in the country, and and I think Page 122 Page 124 1 sometime in that time. I think it was in that 1 he was involved to some extent with Lazydays on 2 time frame. 2 match mounting; and Lazydays was truing tires 3 Q. All right. 3 also. So we were we were involved on the 4 A. That was in Akron, and then the other 4 kind of off to the side of anything that was happening between the corporations. 6 Q. Oregon? 6 Q. Now, this memo was written on 7 A. Somewhere somewhere in Indiana, 7 September 10th, 2001, was written by Rick Read. 8 Elkhart. 8 Do you see that on the bottom of?the second 9 Q. Oh, it was in Indiana? 9 page? 1 A. Right. I went over to Elkhart. 1 A. Yes. 1 1 Q. Was there a third meeting in Oregon? 1 1 Q. And Rick Read was aware of the 1 2 A. There was but I did not attend that. 1 2 Fleetwood issues, wasn't he? 1 3 Q. Now, this exhibit and what number 1.3 A. Um, I presume so, yes. I 1 4 is it yours? 1 4 Q. Well, we've we've gone over some 1 5 A. 15.. 15 documents that that had his name was speci?cally discussed. 1 '7 (Whereupon, Plaintiff's Exhibit 15 1 7 A. Okay. 1 8 having previously been marked 1 8 Q. Is that is that accurate? 1 9 for identi?cation was 1 9 A. Yes. 20" 20 (Q Umgm?wnm?mgeNo6?t 2 1 same is attached hereto.) 2 1 indicates it says that Monaco has been 2 2 Q. (By Mr. Portis) Exhibit 15. This 2 2 shaving tires. What is that all about? 2 3 occurred in Elkhart, Indiana, and you -- were 2 3 A. Truing. Page 123 Page 125? 1 you present at this meeting? 1 Q. Huh? 2 A. No. 2 A. It's truing. Shaving is truing. 3 Q. You were not in the Elkhart, Indiana .3 Q. What does that do to a tire? 4 meeting? 4 A. Um, basically you take a tire wheel 5 A. That's correct. I was not. 5 assembly. Every -- every assembly has some 6 Q. And it's to report the results of the 6 runout, radial runout in the assembly. In other 7 8 and what Goodyear could do to help to reduce 8 and if it's too egg shaped, it can cause ride 9 those problems; is that right? 9 issues which is what we're dealing with here 1 A. Correct. 1 which is an irritant for the end user. 1 1 Q. Then it says in that ?rst paragraph, 1 1 Q. All right. 1 2 ?The tone of the meeting was very negative. 1 2 A. So if you shave a tire, you're 1 3 Did anybody speak to you about that meeting? 1 3 basically taking all the runout out of the tire 1 4 A. No. 1 4 wheel assembly making it completely round. And, 1 5 Q. Do you know why the tone was 1 5 um, experience that goes back years and years 1 6 negative? 1 6 says that if you do that, you'll improve your 1 7 A. NO. 1 7 ride. 1 8 Q. I know -- go ahead. 1 8 Q. "It says that Monaco is very 1 9 A. Nobody ever talked to me about this 1 9 concerned about the high cost of tire problems 20 20 2 1 the ?eld was involved. I think, Lazydays down 2 1 It's in No. 6. ?They are receiving many letters 2 2 in Florida is one of'the largest RV sales 2 2 from vehicle owners some of which are being 323 A 32 (Pages 122 to 125) 2100 3rd Avenue North, Suite 960*Birmingham, AL - Case Document 82-2 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA . TAMPA DIVISION NINA FAYE IRWIN, individuajly and as Personal Re resentatrve of the Estate of JD JAMES IV, deceased, Plaintiffs, VS. CASE NO. GOODYEAR TIRE 8: RUBBER I C) a forergin corporation AGO. COAC _co a forer r) corploratron; DAYS RV CE TER. a Florida corporation, Defendants. DEPOSITION OF DAVID P. WATT, a witness in the above captioned cause of action, taken pursuant to written notice, before Timothy B. St. Clair, RIVER, Notary Public, State of Indiana, on the 29th day of July, 2008, at 1:33 o?clock pm, at the Executive Suites, located at 105 East Jefferson Blvd, South Bend, Indiana. St Clair Court Reporting . Post Of?ce Box 245 Mishawaka, Indiana 46546 574.291.9125 I 1.888.989.3376 Filed 09/02/08 Page 26 of 39 PageID 2028 APPEARANCES RICHARD D. MORRISON, ESQ. J.SCOTT Beasley Allen Law Firm Allen 8: Murphy, PA. 218 Commerce Street 429 S.- Keller (3. Montgomery, Alabama 36104 ,Surte 300 _O_rtando, Fionda 32810 Appeanng for the Plaintiff TIMOTHY MC ESQ. Akennan Senter?tt 50_Nor'th Laura Street Surte 25cc Jacksonvrlie, Florida 32202-6646 MICHAEL HAYS. ESQ. Monaco Coach Corporation 606 Nelsons Parkwa? Wakarusa, Indiana 4 573 Appearing for the Defendants; Monaco Coach Corporation and Lazy Days RV Center CHRISTOPHER DORAN, ESQ. Murra Marin Herman, PA. 1 0] ast Kennedy Boulevard Surte 1810 Tampa, Florida 33602 BASIL J. MUSNUFF, ESQ. Roetzel Andreas 222 South Main Street Akron, Ohio 44308 Appearing for the Defendant; Goodyear Tire Rubber Inc. ALSO PRESENT: Robert Harlan Direct Examination By Mr. Murphy Page 4 Cross Examination By Mr. McDermott Page 35 Redirect Examination By Mr. Murphy Page 41 Reoross Examination By Mr. McDermott .. Page 46 Page4 MR. MC DERMOTT: Can we just go on the record, not on the video portion. I'm doing a supplementation on behalf of Monaco of two additional documents which I've Bates labeled Monaco-Irwin 2699 and Monaco-Irwin 2700. Giving a copy to Goodyear counsel, and also to plaintiffs counsel. What these are, is over the lunch hour l've requested Monaco to provide me with the equivalent of what has previously been marked as Exhibit '191?, which is the build information, and optional equipment, standard equipment. 'l9l' is the build information for the what we called the Irwin coach. 2699 and 2700 are the corresponding build information for the two coaches that were used, the prototype coaches that were used for the weighing that were referred to during Mr. Hoover's deposition. 1 think it's exhibits MR HAYS: ?187' and '188?. MR. MC Thank you. Those? questions generated my looking at these, and I've asked the witness over the lunch hour to loolr at these documents because going to ask the questions of him to compare 'l9l versus these EXHIBIT 27 of 39 Pa elD 1929?, Page.13 Q. -- and you get the product plan. Okay. Now, that's you personally? A. Yes, sir. Q. What we've asked to appear, and to -- and what we've asked from Monaco is the person that can tell us on behalf of Monaco what went into the decision, ?rst of all, on that size tire, the 275/70 tire. Do you know that? A. Again, I get my orders via the product plan sir. Q. Okay. So who, from the engineering side, would have the control, if you will, or the decision as to the size and type of tire that would be speci?ed in the product plan? A. I don't have that answer for you sir. Q. All right. And you did nothing before coming here today to ?nd that out? A. No, sir. Q. All right. Who ?orn the sales side would be responsible for that? A. I don't have that answer for you either sir. Q. All right. Same would be true for product development, and purchasing? A. Yes, sir. Q. You said your involvement is on the engineering side? A. Yes, sir. Q. Okay. But that's after the fact -- A. Yes, sir. gmeQUl?waH?A Page.l4 Q. right. I mean, meaning it's after the decision has been made? A. Yes, sir. Q. All right. Now, when we were talking about the product plan, you said it comes to you with -- and you speci?ed the size of the tire? A. Yes, sir. Q. In this case it would have been a tire. Did I say that right? A. 22.5. Yes, sir. Q. All right. air enough. In the product plan, is the manufacturer of that tire speci?ed? A. No, sir. Q. All right. Then tell me who decides whose 275/70 or R70 22.5 tires you use. A. I couldn't tell you sir. I'm looking at it ?om an engineering standpoint. Q. All right. Then I -- I have no clue why you're here. MR. MC DERMOTT: Hey, listen -- hey, don't -- don?t get that way, or I'll terminate this deposition right now. MR. MURPHY: I'm MR. MC DERMOTT: You're not -- just a minute, I've got the ?oor. You are not going to get into that kind of nasty attitude with the HOWWNO-xmguww QM \Jr?a map.) PagelS witness. You can ask the witness questions, you can do it professionally, or you can stop. MR. MURPHY: I am doing it professionally. MR. MC DERMOTT: No you're not. MR. MURPHY: Yes, I am. MR. MC DERMOTT: And I'm not going to permit that kind of nasty attitude. MR. MURPHY: l--l MR. MC DERMOTT: If you've got a question about why he's here you address it to me. MR. MURPHY: Well, then I'm addressing it to you. Why is he MR. MC DERMOTT: He was MR. MURPHY: -- here? MR. MC DERMOTT: You've got the ?oor, go ahead. MR. MURPHY: Yes. Why is he here. We have asked, and you have designated -- or Monaco has designated him as the person to testify for Monaco on the issue of the selection and decision to use the G159 tires on the Beaver Santiarn. So why is this person here? MR. MC DERMOTT: Because he was part of the collective group that made that Pagel? decision, and as you heard from Mr. Hoover earlier, it's an evolutionary process as H. You're free to ask this witness, and we proffer this witness for that purpose. And you can take any issues with that up separately. He is a proper witness and we've we've designated him, and you're free to ask questions. MR. MURPHY: And what I've heard, and maybe I'm missing it -- andl don't mean to make this a conversation between counsel as opposed to a deposition -- but what I've heard so far, is he wasn't even part of the collective. That by the time he's involved, personally, the product plan has been made. MR. MC Why don't you ask him what his role was? MR. MURPHY: I -- I thought I did. MR. MC DERMOTT: Well, no you didn't. We've tried to exclude him as much as possible. You never asked an af?rmative question of what his role was in the overall decision to use that tire or to confine that decision. MR. MURPHY: Well, and Mr. McDennott, we did not ask for Mr. Watt. What we asked was for the representative from Monaco with Pagel'l Page.18 the most knowledge on this issue. And what it 1 you're ?ee to ask him questions. 2 sounds like is Mr. Watt may have been involved in 2 MR. MURPHY: All right. So you're 3 that role, or may have been involved in that 3 telling me that this is not person with the most A decision, but he is not the one that has the most 4 knowledge, and he's not testifying as to the 5 knowledge. And certainly is not speaking for the 5 person with the most knowledge from Monaco on that 6 corporation on that issue. Because he's already 6 issue? 7 told me he doesn't know who was. 7 MR. MC DERMOTT: l'rn -- I'm telling 8 MR. MC DERMOTT: The most 8 you that I am we have posited this gentleman in 9 knowledgeable is not the standard in the 9 response to your request and your designation as 10 And, in fact we eupied -- I'm going to read into 10 the person that we will designate who has ll the record, which has been marked, the language 11 knowledge on this information. And, again, 1 12 out of Exhibit '192' which says quote: "Pursuant l2 reiterate Mr. Murphy, you're free to ask this 1.3 to rule Dave Watt, the person designated 13 witness the questions, or you can choose not to. 14 by defendant, Monaco to testify for the defendant 14 BY MR. MURPHY: 15 regarding the selection and decision to use G159 15 Q. Mr. Watt, let's continue and in compliance with Monaco's 16 tires on the Beaver Santiam recreational vehicle". 16 counsel's request, let me just ask you. What do you know about 17 End quote. 1? the selection and decision to use the G159 tire on the Beaver 18 That was the language we cut and 18 Santiam recreational motor vehicle? 19 pasted, I believe, or you cut and pasted from '19 A. Basically once the product plan comes to me I then take 20 e-mails to us. I don't see anything in there that 20 a look at the tires, compare them to the tire guides, and make 21 says the quote most knowledgeable person. You 21 sure they're applicable for the GVW's for the unit. 22 allowed us to make a designation under 22 Q. That?s it? 23 as we have, as to a person who has knowledge 23 A. Yes, sir. 24 regarding the selection and decision to use G159 24 Q. Okay. When it comes to you, this product plan, the size 25 tires. We're positing the witness to do so, and 25 is already speci?ed, correct? Page.19 Page.20 1 A. Yes, sir. I load? 2 Q. When it comes to you the manufacturer of the tire has 2 A. Yes, sir. 3 already been determined, cOrrect? 3 Q. Okay. So that tells me -- and this is why I'm trying to 4 A. I can't answer that. 4 follow it -- that when you got all the information, you knew it 5 Q. Why not? 5 was going to be a Goodyear G159 of this size and type, right? 6 A. Because I'm looking at a tire size, and I might get 6 A. Yes, sir. 7 verbal information of who the -- who the vendor might be. 7 Q. Okay. Now, Iwant to get back to the product plan. Did 8 Q. Well, in this case, apparently, you looked at the 8 it have all that information on it? 9 Goodyear engineering data book, right? 9 A. Iknow it had the tire size. I'd have to see a product 10 A. Yes, sir. 10 plan to know for sure. 11 Q. So at some point you became aware that someone had made 11 Q. When did you last see the product plan for the 2002 12 the decision -- 12 Beaver Santiam. 13 A. Yes, sir. 13 A. Last week when I was reviewing with counsel. And I do 14 Q. Sorry. Let me get the whole question out. At some 14 not remember if that information was on there or not. I know 15 point you became aware that someone had made the decision that 15 the tire size is, I just don't know the vendor on it. 16 the tire on the to be used was a Goodyear tire, 16 Q. Okay. Who who is the author of the product plan? 17 correct? 17 A. l'm not sure if there's a speci?c author that's 18 A. Yes, sir. 18 available at this time. There was -- most of the time sales 19 Q. And someone, apparently, would they have also speci?ed 19 would put it together. But who was speci?cally in sales, I do 20 or indicated to you that it would be a (3159 tire as opposed to 20 not know. 21 some other model line from Goodyear? 21 Q. All right. And describe the document for me since we 22 A. I don't know how to answerthat sir. Again - 22 haven't seen it. 23 Q. Well, l'm just -- if 1 understand your role okay, from 2.3 A. it's a list format. it's just a list of standards, and 24 the information you get from somebody, you then look in the 24 options of what they would be putting in the di?erent unit 25 Ix.) LA engineering data book to make sure that that tire can meet the H: Case Document 82-2 Filed 09/02/08 Page 29 of 39 PagelD 1031 [Vina Faye Irwin V. Goodyear Tire &Bubber, Ina; Monaco Coach Corporation; and Lazy Days 6/19/08 Deposition of DENNIS CARLSON, P.E. - Volume I (pages 1-218) 1 3 1 UNITED STATES DISTRICT COURT 1 - - - MIDDLE DISTRICT OF FLORIDA 2 TAMPA DIVISION 2 3 CASE NO.: 3 VOLUME I (pages 1?218) PAGE 4 NINA FAYE IRWIN, individually 4 TESTIMONY OF DENNIS CARLSON, P.E. 5 and as personal representative of . 5 the ESTATE of JOHN JAMES 5 Direct examination by Mr. Murray 5 IRWIN, IV, deceased, 6 Cross-examination by Mr. McDermott 173 Plaintiff, 7 vs? 7 Certificate of Oath 216 8 GOODYEAR TIRE RUBBER, INC., 8 Reporter's Deposition Certificate 217 a foreign corporation; MONACO 9 COACH CORPORATION, a foreign 9 Errata Page 218 corporation; and LAZY DAYS RV CENTER, 10 a Florida corporation, 10 ll Defendants. 11 12 12 13 VOLUME I (pages 1-218) 13 14 DEPOSITION OF DENNIS CARLSON, 14 15 - 15 15 Taken on behalf of: The Defendants 16 17 Date: June 19, 2008 17 18 Time: 10:19 a.m. - 6:11 p.m. 18 19 Location: Allen Murphy, 19 429 South Keller Road 20 Orlando, Florida 32810 20 21 Reported before: Jenifer Marie Tuten 21 I A I 0 stenographic court reporter 22 22 It is hereby stipulated and agreed by and between 23 23 counsel for the respective parties and the deponent that Diamond Reporting, Inc. 24 1051 Vista Road 24 the deposition be resumed sine die and that the reading Longwood, Florida 32750w4538 25 407 810 0951 dreportingeaol com 25 and signing of the transcript be reserved 2 4 1 APPEARANCES(Exhibit Nos. 34-53 marked for identification.) PAGE 3 J. SCOTT MURPHY, ESQUIRE 3 No. 34 ("Notice of Taking Deposition Duces 7 Allen Murphy, P.A. Tecum" of Dennis Carlson on 5/8/08) 4 429 South Keller Road 4 No, 35 (5/6/08 letter to Murphy from Carlson 10 Suite 300 re: Irwin v. Goodyear) 5 Orlando, Florida 32810 5 No. 36 ("Amended Notice of Taking Deposition 13 407 838 2000 Duces Tecum" of Dennis Carlson on 6 6 6/19/08) On behalf of the Plaintiff No 37 (handwritten notes) 16 7 7 No. 38 (3-ring binder of printed photos from 21 CD) 8 8 No. 39 (composite 4/18/06 FedEx ?Bill of 23 Lading" for tire rim - shipped by 9 JOHN M. MURRAY, ESQUIRE 9 Murphy to Carlson; "consignee delivery Murray, Marin Herman, P.A. receipt" signed 4/21/06) 10 101 East Kennedy Boulevard, 10 No. 40 (1/29/08 UPS "Air Waybill" for tire, 23 Suite 1810 Bank of America Plaza wheel, tread - shipped by Carlson to 11 Tampa, Florida 33602 11 Stroble/Goodyear) 813 222.1800 No. 41 (April '08 letter to Carlson from Murphy 26 12 and 12 - re: "Goodyear faulty tire care") No. 42 (composite - Carlson Enigneering 33 13 GEORGE W. ROONEY, JR., ESQUIRE 13 invoices) Roetzel Andreas No. 43 ("3187 references" binder) 42 14 1375 East Ninth Street 14 No 44 ("Goodyear G159 Internet Study" binder) 44 Ninth Floor One Cleveland Center No. 45 Impact Testing" binder) 47 15 Cleveland, Ohio 44114?1788 15 No. 46 (composite handwritten note and 49 216 623 0150 documents) 16 16 No. 47 (tire) 57 On behalf of the Defendant, GOODYEAR TIRE 5 No, 48 (composite photos extracted from 90 17 RUBBER, INC. 17 Exhibit 38, Disc Z/Tab 2) No. 49 (photos from Exhibit 38 of "pattern 93 18 18 marks") (tread piece) 110 19 TIMOTHY J. ESQUIRE 19 47-B (tread piece) 110 Akerman Senterfitt 47-C (tread piece) 110 20 50 North Laura Street 20 No. 50 (document titled ?Highway Medium Truck 172 Suite 2750 Tires?) 21 Jacksonville, Florida 32202 21 904 798 3700 PAGE 22 22 No. 51 (composite 4/22/08 letter to 173 On behalf of the Defendants MONACO COACH Maroon/Akerman and Doran from Murphy 23 CORPORATION and LAZY DAYS CENTER 23 with enclosures) No. 52 (diagram of tread) 195 24 24 No. 53 ("3187 Irwin v. Goodyear" binder) 215 25 25 NOTE: No. 38 retained by Mr. McDermott; Nos. 47, retained Mr. Murp - EXHIBIT Diamond Reporting, Inc. 407.810.0951 dreport1hg@aol.o Ado ENGAD 800-631-6989 Case Document 82-2 Filed 09/02/08 Page 30 of 39 PagelD 1032 Nina Faye Irwin V. Goodyear Tire- &Rubber, Ina; Monaco Coach Corporation; and Lazy Days 6/19/08 Deposition of DENNIS CARLSON, P.E. - Volume I (pages 1-218)- 73 75 1 this tire, such as wetle been discussing? 1 designed the center as the one to take all the damage. 2 A. Right. And there's other design features that 2 0. You say this tire was designed so that a 3 help. And I'll have to explain those because there's a 3 greater part of the load is on the center of the tire as 4 difference between this tire, this tire, and this tire 4 opposed to the edges? 5 (indicates) -- 5 A. Yeah. When you're talking about the ribs, it 6 0. Okay. 6 has more force in the center rib than it does on, say, 7 A. -- in the way they protect the carcass. 7 the others. 8 0. Let me talk about the G159. 8 0. So you would expect the center grooves and the 9 A. Sure. 9 center part of this tire to wear more than the outer or 10 O. The red belt that you've shown to me that 10 the edge parts, would you not? 11 youve described as a protective belt -- 11 A. You could. You could. 12 A. Yes. 12 0. If it was designed that way, as you say, and 13 O. -- is significantly narrower 13 it were used properly, that's what you'd expect, 14 A. Yes. 14 wouldn't you? 15 O. -- than the other belts that are displayed 15 A. Yeah. - 16 here; correct? 16 0. Did you find that in this tire, by the way? 17 A. That's right. Exactly. And it's narrower 17 A. There were -- we found some of it. There was 18 than the G159A. 18 two types of wear that we found on this tire that kind 19 0. Correct. And if there was damage done to the 19 of reduced that effect: We found river wear on one 20 tire outside of the red belt -- which belt is that? 20 shoulder and concave wear on the other. 21 Which number? Number 4? 21 So there were several things going on that 22 A. The red belt's Number 4. 22 made it somewhat of an abnormal wear pattem. 23 0. If damage is done to the tire outside of the 23 0. Yes. There was clearly more wear on both 24 red belt Number 4, that belt wouldn't protect it from 24 edges of this tire than the center, wasn't there? 25 damage, would it? 25 A. Well, there is separation wear on one shoulder 74 76 1 A. No, it would not. Might see some corrosion or 1 that's quite pronounced. 2 something in there (indicates). 2 Q. And my question is: There Was clearly more 3 0. And when you say "in there," you're pointing 3 wear on the edges of this tire than in the center of it? 4 to the edge of the tire? 4 A. Well, one edge it was very much more, yeah. 5 A. Right. But the other feature of the tire 5 0. And the other edge was somewhat more; correct? 6 somewhat reduces the chance of that to a great detail. 6 A. Well, it's hard to get a good reading because 7 0. What other features of the tire? 7 you've got the river wear in the Number 4 groove, 1 8 A. See, this was designed for urban use. 8 think. But we'll have to go through the wear 9 O. Excuse me. What other features of the tire? 9 measurements in detail. 10 A. The curvy tread pattern. 10 0. We're going to. 11 0. Okay. 11 A. That's just a general opinion. Now, there's 12 A. Okay. See the lateral radius -- and it 12 other effects that will affect your statement about, you 13 doesn't have to be exactly the lateral radius -- but 13 know, you would expect it to be in the center. You 14 this tire is designed to put the pressure in the center 14 know, you would expect it on the center the tire. And the reason for that is that when you 15 not on the urban use. 16 design a tire for impact, you know, gravel roads this tire, you'd expect the 17 impact -- you know, city use, garbage use, one of the 17 wear to be in the center? 18 techniques you use is that you make the tire have more 18 A. If it were run on the road a long time. 19 pressure on the center rib and then you reinforce the 19 0. And if it were properly aligned and 20 center, so that that reduces the effect of an impact. 20 maintained; correct? 21 And that's what this tire did. 21 A. Well, yeah. This tire doesn't have enough 22 See, you don't even bother to cover the edge 22 wear to show much affect, but it may show up when it 23 grooves, which is the other likely area that you're 23 gets more worn. 24 going to have damage, and you all forget about. 24 0. We were talking about Page 1 of Exhibit 37, 25 Goodyear didn't even wony about it because they 25 which is your -- Diamond Reporting, Inc: 407.810.0951 drepo?ingQDaoLcom Case Document 82-2 Filed 09/02/08 Page 31 of 39 PagelD 1033 Nina Faye Irwin V. Goodyear Tire Rubber, Ina; Monaco Coach Corporation; and Lazy Days 6/19/08 Deposition of DENNIS CARLSON, P.E. - Volume I (pages 1-218) 113 115 1 A. i can only suggest several causes that could 1 shall we say. They come along and go out like that 2 be it: Overaged materials; improper cure; 2 (indicates). And you have a bad joint that has a 3 contamination; and a number of other things; like 3 relatively large joint -- a dogleg. Ican't remember 4 improper handling of the green tire. 4 the clock position. 5 Q. And you know nothing, do you, about the age of 5 Butl did not link it to the start of 6 the material that was used here? 6 failure. Even though, I see that that can start of the failure, things like that. 8 0. And you know nothing about the curing process 3 There was an offset -- there was an offset 9 for this particular tire, do you? 9 between the Number 1 and the Number 2 belts that was 10 A. No. It has not been produced by Goodyear. 10 different on each side. Now, that's -- it was a fairly 11 0. Okay. You know nothing about whether there 11 large offset. But at that joint, you don't really get 12 was contamination, do you? 12 very much effect. You know, it's not as important as 13 A. No. At this stage, you're not going to find 13 between the Number 2 and the Number 3. 14 it. 14 0. What do you mean "an offset?? 15 0. Okay. Well, you didn't see any evidence of 15 A. Well, it's called a step-off. It means that 16 any foreign material in the fire during your inspection, 16 the edge of the belt is, say, like a 1/2 inch on one 17 did you? 17 side and a 1/4 inch on the other, the difference between 18 A. No. 18 the Number 1 bolt and the Number2 belt. It's a 19 0. Okay. And when you say -- 19 1/4 inch on one side and a 1/2 inch on the other side. 20 A. You wouldn't see that, no. 20 Something like that. Ican't remember the measurements, 21 0. I'm sorry? 21 but -- I think we have it measured somewhere in some of 22 A. You normally will not see that. 22 the pictures here. 23 0. Okay. Let's say, for example, that there was 23 But that joint is not critical, the one that 24 a cigarette butt that wound up in this tire and it 24 is between the Number 2 and the Number 3. And there was 25 failed. You'd expect to see some evidence, wouldn't 25 a difference, but it wasn't what I would consider 114 116 1 you? 1 particularly damning. 2 A. Sure. 2 0. Any other things that you thought were out of 3 0. Okay. And obviously there could be things 3 spec? 4 less obtrusive than that. So you didn't see anything, 4 A. Oh, no. 5 did you? 5 O. The design that you've underlined on the first page of Exhibit 37 -- 7 0. And improper handling of the green tire -- you 7 A. Yes. 8 don't have any knowledge of any handling, improper or 8 O. -- you've written some things with respect to 9 proper, of the green tire, do you? 9 the design of the tire. And I assume that those are 10 A. No, I don't. 10 your opinions with respect to design defects that may 11 0. So as I understand -- withdrawn. 11 have existed in this particular tire? 12 Any other manufacturing defects in your 12 A. Yes. 13 opinion? 13 0. First thing you have is "application." 14 A. There was some belt joints that were rough and 14 A. Right. 15 I believe they were out of spec, and the belts were 15 10. Why was this tire defective from a design 16 off center. But I don't think they had a large 16 standpoint because of application? 17 effect on the tire failure. 17 A. Well, it was designed for a different use than 18 0. Okay. So even though you've found belt joints 13 RVs. And in the universe of tires, it's one of the 19 rough and some of the belts out of spec, it's not your 19 biggest jumps, going from an urban tire to an 20 opinion that that contributed to this accident; right? 20 on-the-road tire. 21 A. Right. 21 0. Okay. Any other problems with application 22 0. Tell me specifically what you're talking about 22 other than that? 23 when you say "belt joints rough." 23 A. Well, it's kind of a semantic issue. But the 24 A. Well, in jointology, you have the end of the 24 next three things I put in there are essentially aspects 25 belts at a joint can have a dog-eared -- or a dogleg, 25 of the design that relate to the application problem. Diamond Reporting, 1115'. 407. 810.0951 Case Document 82-2 Filed 09/02/08 Page 32 of 39 PagelD 1034 [Vina Faye [rt/Vin V. Goodyear Tire Rubber; Inca; Monaco Coach Corporation; and Lazy Days 6/19/08 Deposition of DENNIS CARLSON, P.E. - Volume I (pages 1-218) -- 137 139 1 BY MR. MURRAY: 1 A. Well, yeah, up North it could. With the old 2 0. So the tire is most worn on the shoulder at 2 belt constructions and the old rubbers, yeah, that could 3 the 300 degree -- 3 happen. 4 A. Correct. 4 0. Does the belt know whether it's up North or 5 O. -- point? 5 down South? 6 A. That's what it appears. 6 A. Well, you don't have 'salt, and there's no 7 0. And what -- withdrawn. 7 corrosion and everything. 8 Were you able to quantify or did you quantity 8 The modern belts, the cables and everything, 9 the amount of wear at 300 degrees there? 9 don't transmit very much, you know, fluid there. That's 10 A. Well, if you can look very closely to it -- at 10 a very old theory. 11 it, you'll see that this is worn probably to the belt. 11 Q. And when you say, ?That's a very old theory," 12 0. Okay. And which belt would that be? 12 you mean corrosion of the belt material itself? 13 A. That would be the edge of the umber3 belt. 13 A. Well, the'transmittal of the belt material, 14 0. So that belt would have been exposed, would 14 the corrosion, from one area of the tire to the other. 15 it? 15 That doesn't happen very much. 16 A. It's possible that it was. It may have been 16 We used to do window tests where we'd cut a 17 just ripped out there before it got too exposed. It's 17 hole in the tire and run it through saltwater, you know, 18 hard to saywent. And then there's all kinds of 19 0. How about the 330 area? Would that belt have 19 laboratory tests that do the same thing. 20 been exposed there as well? 20 But the modem belt constructions and with the 21 A. Well, I don't -- I didn't think it was eer?rrubber and the anti-corrosives in it dont allow that to 22 exposed. It doesn't mean it didn't create that. 22 happen. 23 0. Okay. 23 0. But corrosion aside, even the compromise of 24 A. It's hard to say whether there was a crack 24 the side of the Number 3 belt, that alters the structure 25 there right before it came apart. But I don't think the 25 of the tire, doesn't it? 138 140 1 belt was exposed. It's less exposed -- it's less close 1 A. Well, yes, but it's already gone. It's 2 to the surface at 330 and at 270 than it is at 300. 2 already, you know 3 0. Okay. If it's exposed, what does that do to 3 0. Just don't assume anything. If you have an 4 the belt? 4 otherwise good tire, no separation in it, and the 5 A. Well, it just would create a little more 5 Number 3 bolt becomes exposed by wear that's excessive 6 stress there and would probably hasten the separation 6 as we've seen on Exhibit 47, okay, that alters the 7 from that point. It would speed it up quite a bit. 7 structure of the tire, doesn't it? 8 O. Certainly. And if that belt is exposed, it 8 A. Yeah. But I've seen tires that have come in 9 would cause it to become frayed and exposed to the 9 that are wom in the shoulder all the way around and, 10 elements, would it not? 10 you know, a 1/2 inch of the top belt's worn off and they 11 A. Well, yeah. We don't really see that much 11 didn't separate. 12 fraying in the tread piece at that area, but that's the 12 0. When I was in college, I drove tires that way 13 reason I think it was a relatively recent event compared 13 myself, Mr. Carlson. But there comes a point, doesn't 14 to the failure. 14 there, when the tire will separate if you drive it that 15 0. And you said that if the Number 3 belt were 15 way? 16 exposed, that could speed up separation; correct? 16 A. The old tires certainly would. 17 A. Yes. It already had been going on a long 17 Q. And the use of the tire is very important, 18 time, because the separation started at 270. By the 18 isn't it? That is, the more weight it bears, the more 19 time it got to 300, that crescent shape was very big and 19 likely it is to fail? 20 it started wearing in there and it got to the -- close 20 A. I missed a word there. 21 to the edge of the belt, formed a crack. And by then it 21 0. Sure. The more weight that the tire bears, 22 was just about -- it was gone. 22 the more likely it is to fail; correct? 23 0. Okay. You would agree that if the belt is 23 A. Oh, in some cases, yeah. When you have an 24 exposed for a significant enough period of time, that it 24 exposed belt, yes. 25 can actually create a separation? 25 0. But I guess what I'm saying is that: You will Diamond Reporting, Inc. 3* 407.810.0951 Case Document 82-2 Filed 09/02/08 Page 33 of 39 PagelD 1035 Nina Faye Irwin V. Goodyear .?I?r?re &Bu.bber, Ina; Monaco Coach Corporation; and Lazy Days 6/19/08 Deposition of DENNIS CARLSON, P.E. - Volume I (pages 1-218) 173 175 1 CROSS-EXAMINATION 1 Q. What opinions or criticism, if anyhave of my clients in this case -- who did not 3 0. Mr. Carlson, my name's Tim McDennott, and I'm 3 manufacture or design the tire in question -- Monaco and 4 representing in this case the other defendants, which 4 Lazy Days? 5 would be Monaco and Lazy Days, the dealer. 5 A. Well, based on the information that I've had 6 A. Okay. 6 presented in this case to me, I don't have an opinion 7 0. We've never met before or had any cases, have 7 yet. I've considered several things, but I've not been 8 we? 8 able to develop an opinion. One of which is: Why .is 9 A. Well, you look a little like Sean Connery, so 9 this tire on the vehicle in 2004 when there were 10 I thought I -- 10 Fleetwood recalls and everything back before 2000 and 11 0. Flattery will get you everywhere. No more 11 the tire period was put on in 2000? 12 questions. 12 I really don't have enough information in this 13 A. He was playing the alcoholic or something. 13 case to really answer that question. That may be a 14 MR. Let's mark this as the next 14 problem with Monaco or it may be a problem with 15 Exhibit, which is I guess 51. 15 Goodyear. 16 (Defendantsl Exhibit No. 51 was marked.) 16 0. So are you saying: As we sit here today -- 17 BY MR. 17 which is my day to examine you -- that you hold no 18 0. I'll put Exhibit 51 in front of you. That is 18 opinions to a reasonable degree of probability in your 19 a cover letter from Scott Murphy dated April 22 of '08. 19 field of expertise critical of Monaco or Lazy Days at 20 It encloses those discs, your report, and some other 20 this time? 21 stqu in this case. 21 A. At this time in that issue. There were other 22 A. Yes. 22 issues that I've consider. But one of the things I 23 0. It's going to be easier for me to make 23 expect a company like Monaco to do is choose the right 24 reference to that because it's Bates numbered in the 24 tire. And on paper, Ithink they've chosen the right 25 lower right-hand comer and I can direct you to a 25 size tire. 174 176 1 particular page. 1 I don't know what Goodyear told Monaco about 2 A. Okay. 2 this tire. This is the wrong tire for that vehicle. I 3 Q. If you would, could you turn to Exhibit 51 and 3 suspect that it is Goodyear's problem, but I don't know 4 page Carlson, PE. '28. 4 right now. I don't have any evidence that would support 5 A. '48? 5 saying that Monaco knew that this was a wrong 6 0. ?28. 6 application. 7 A. '28. (Witness complies.) 7 0. So sitting here today and setting aside 8 Q. And does that exhibit -- Pages '28 through 8 possibilities of potential opinions on your part -- 9 '40, does that set forth your report in this case? 9 sitting here today, have you arrived of any opinions to 10 A. Yes. 10 a reasonable degree of probability in your field of 11 0. It does? I'm sorry. It does? 11 expertise as to any criticism, to a degree of 12 A. Through, I thought it was '48. Yes. 12 probability, that you hold as of today against either 13 0. And are all of your opinions in this case set 13 Monaco Coach Corporation or my other client Lazy Days? 14 forth in your report? 14 A. Well, I don't see one. I don't have enough 15 A. I believe they were, yes, sir. 15 information right now to do that, as I understand -- 16 0. And if you could, could look at Exhibit 51, 16 0. Okay. All right. 17 Page '37. This is actually Page 10 of your report. 17 A. -- what I'm trying to do. 18 A. Yes. 18 0. This particular coach, I'll call it the Irwin 19 0. Does that page set forth your essential 19 coach -- how many miles did this coach actually have on 20 opinions in this case? 20 it? And more specifically, how many miles did the right 21 A. Yes, sir. 21 front tire, the one in question, have on it at the time 22 0. If you would, I'd like to have you just spend 22 of the accident? 23 a moment to just look at those. Read them over quietly 23 A. I can't tell you exactly. All I know is the 24 to yourself for a moment. 24 benchmark of 18,000 miles, which was related to me 25 A. (Witness reviews document.) Yes. 25 verbally. Diamond Reporting Inc. 407.810.0951 drepor?ting?aaolcom C'ase Document 82-2 Filed 09/02/08 Page 34 of 39 PagelD 1036 Nina Faye Irwin V. Goodyear Tire Rubber, Inca; Monaco Coach Corporation; and Lazy Days 6/19/08 Deposition of DENNIS CARLSON, P.E. - Volume I (pages 1-218) 177 0. By whom? A. The plaintiff's attorneys. At the time that it was sold or leased to Mr. Irwin. And the other thing I have is the tread depths, which I would estimate from 20 to 30,000 miles on the tire. There was a picture that we had in those discs, but it was blurry. It did show the dashboard, but we couldn't read -- I couldn't read it off. 0. So just so I have a better understanding, you estimate that the right front tire, the one in question, could have as many as 25 to 30,000 miles of usage under its belt as of the time of the accident based upon normal tread pattems and the like? A. Yes. And just to be fair, I don't really consider an estimate of mileage to be an opinion. It's just an estimate. 0. Is it something lower than an opinion in terms of the quality of that comment? A. Yes. I don't think that you can really estimate it very well because of the variables. 0. And do you know what the actual weight that was being carried at the time of the accident was on each of the tires? A. Ihave not seen that. 0. Same question: Do you know what the actual (.31 179 so to speak? A. Yes. Q. And in terms from that point on, from the date of its manufacture or birth is when the tire was placed on this coach, do you have any personal knowledge as to what the actual maintenance was for that tire from that date forward up until the date of the accident? A. No. 0. And during that period, the date that that tire was put in use at the original time of sale up through the date of the accident, do you have any personal knowledge as to what the actual in?ation history was of that tire quantitatively? A. Ihave no documents that suggest that. The tire tells me certain things, but there is no documents that Ive seen. 0. And for example, there are no maintenance records, are there, that really address what maintenance, if any, was afforded to the right front tire during its life? A. I don't see any. They may exist somewhere, but I haven't seen them. 0. And are there any records you've seen that actually document what inflation setting or settings that right front tire enjoyed during its life through mm?a?m?hWNH U1 178 inflation was at the time of the accident on, let's say, the right front tire? A. No. I don't think that the tire saw more than the critical weight for the pressure. What I mean by that is: That each tire has a load for each pressure as determined by the load in?ation tables, andl don't think it was severely overloaded or underinflated. 0. asked for what the actual load was being carried by that right front tire at the time of the accident and what the corresponding inflation was of that right front tire at the time of this accident, would you be able to tell me quantitatively what it was? A. No. Just qualitative. Q. And do you know what the maintenance history of this vehicle and of the right front tire was? A. It appears that this is an OE tire, based on a -- there was a list that was given to me that I think was the option sheet, and it gave the DOTS of the tire. And one of the front tires, the right front, did have an "0702" on it, but -- some of the rear ones did also. So I'm pretty sure it's an 0E tire. Whether it remained on the right front the whole time, there's a bit more uncertainty about that. 0. So you believe it was an original equipment tire that came with this coach when the coach was bornthe accident? A. Just what the tire tells me. There's no documents. 0. And do you know whether over the life of that tire, that right front tire, it ran over any bumps in the road or potholes? A. There's no evidence of damage to the tire. Obviously you hit bumps and potholes every miles of use. That's what the tires are designed for. It's not what I call catastrophic failure from an impact. 0. But in terms of over the 3 or 4,000 miles that this tire was operated prior to the date of the accident, do you have any personal knowledge as to what, if any, speed bumps, curbs, items in the roadway or anything else that that tire may have struck? A. I don't have any knowledge, except for what the tire shows me. 0. How long had this tire been operated by Mr. Irwin in Mexico? A. I don't have any idea about that. 0. Have you ever driven in Mexico? A. No. I have numerous cases there, but 0. .. And in connection with your work in this case, did you go down to Mexico to look at the scene of the accident? Diamond Reporting, Inc. 407.310.0951 dreporting?DaoLoom Case Document 82-2 Filed 09/02/08 Page 35 of 39 PagelD 1037 Nina Faye Irwin V. Goodyear Tire &Bubber, Ina; Monaco Coach Corporation; and Lazy Days 6/19/08 Deposition of DENNIS CARLSON, P.E. Volume I (pages 1-218) 185 187 1 design can. You know, there should be a margin of 1 O. I was trying to pay attention during the 2 safety on a lot of these things based on what normal 2 earlier examination, and I thought I heard you say that 3 people do. 3 you found or you observed some wheel ?ange impressions 4 And one of the problems with RVs is that you 4 that were made into the sidewall of that rubber from 5 take a commercial product like a tire, a commercial 5 some metal balancing weights that had been placed upon 6 tire, and put it on a consumer vehicle -- and I know 6 the rim. 7 that sounds kind of funny -- but in tires, there's a big 7 A. There was a trace of them in some areas. 8 division between consumer products and commercial 8 There were some that were not. They were not 9 products -- and there's less of a safety factor in 9 significant to a tire failure analysis. 10 commercial products because you have people that look at 19 0. And did I understand you to say that those 11 them every day -- and in tires, you just don't do that. 11 impressions supported the proposition/the potential that 12 O. Andl guess let's go back to my question, 12 someone had balanced the subject tire at least twice 13 Mr. Carlson. Do you believe that Mr. Irwin, who is an 13 during its life? 14 operator of a Class A motorhome, has an obligation to 14 A. That's different things. There's pressure 15 read the operator's manual that is made available by the 15 grooves that have nothing to do with balance; and then 16 manufacturer for that unit? 16 there's wheel weight impressions that do indicate that 17 MR. MURPHY: Object to the form. 17 it probably had been balanced twice, yes. 18 A. Personally, as a tire guy, yes. But I also 18 0. Okay. Let's focus on the wheel weight 19 feel that any merchant who puts out a product should 19 impressions. Am I correct in my understanding that 20 design for their clientele and the possible -- what 20 you're saying that, number one, there were wheel weight 21 people normally dorand they normally don?t read things - '21 impressions made from the weights that were affixed'to 22 like that, so 22 the flange of the rim, that there were impressions made 23 0. Do you know whether Mr. Irwin read an 23 to the sidewall of the tire? 24 operatofs manual/owner's manual for the Santiam RV in 24 A. Right. 25 question? 25 0. And that from those weight impressionsnot. 1 can conclude the potential that someone performed at 2 0. Were you provided with a copy of the owner?s 2 least two separate balancings of that tire during its 3 manual? 3 life? 4 A. I have not seen it, no, in this case. 4 A. That's what I would assume, yes. Now, see, 5 0. Okay. 5 there's a trivial case here. You know, I have four 6 A. I mean, I have a portion of it, so -- I'm 6 marks with two wheel weights on the rim. Now, someone 7 sony. I have a portion that I don't think was provided 7 may have taken them off and said, well, I wanted green 8 to him. It was printed after the accident. 8 ones instead of blue ones. That's a trivial case. I 9 So that was in one of these books (indicates). 9 have to eliminate that as being possible I mean, 10 0. Okay. And I assume you read over that, the 10 probable. It's possible. But the most common 11 operator's manual, that portion that you were provided 11 explanation of that is that it was balanced twice. 12 with? 12 0. Okay. And do you have any personal knowledge 13 A. Yes. And it had to do with tires and loading. 13 that would rule out that this subject tire was balanced 14 0. Did you think it did a pretty good job of 14 twice during its life? 15 providing information to an Operator regarding the 15 A. No. 16 potential dangers arising out And can you rule out -- strike that. 17 the issues? 17 Do you have any personal knowledge as to who 18 A. Yes, I think it is a good deal. Like I say, I 18 did those two potential balancings during the tire's 19 feel that there should be some more redundancy in the 19 life? 20 safety factors and eliminate having to do thatthat from a design standpoint -- from a 21 0. Or when it was done? 22 the design standpoint? 22 A. Right. 23 A. From a tire design standpointYou don't know if you can -- 24 somewhat special because of the use of a consumer 24 A. I don't know. I had assumed that -- you know, 25 vehicle with a commercial product. 25 assuming is -- Diamond Reporting, Inc. 407.810.0951 com Case Document 82-2 Filed 09/02/08 Page 36 of 39 PagelD 1038 Nina Faye Irwin V. Goodyear" Tire Rubber; Ina; Monaco Coach Corporation; and Lazy Days 6/19/08 Deposition of DENNIS CARLSON, P.E. - Volume I (pages 1-218) 203 201 1 separation that caused the exposing. Did I say that 1 accident. 2 right? 2 0. Okay. Would you agree that, based on the 3 0. Here's what I'm after. Mr. Carlson, do you 3 photographs that you've seen, that whole axle was 4 have a scientific, quantitative way of telling us for 4 sheared off as a result of this accident from the coach? 5 how long prior to this accident failure that day that 5 A. Yes. There was a culvert right there, andl 6 Belt Number 3 was exposed, if it was exposed? 6 think that sheared the whole thing off and would make 7 A. I can't -- I don't think I can put an 7 any measurement you make new meaningless, I would think. 8 engineering opinion on it. It was all likelihood that 8 0. And would you agree that if that axle on its 9 there was a crack right before the tire came apart. 9 right side or the axle bracketry on the right side was 10 There certainly was a crack in the failure; 10 bent before this accident, there is no way to be able to 11 but I think it preexisted the catastrophic failure, 11 distinguish that bending of the axle or the bracketry 12 which was the last 400 feet. You know, there may 12 now, post accident, given the huge damage that that 13 have been a crack there for a while, but it certainly 13 whole axle now sees? Is that a true statement? 14 wasn't as long as the 2,000 miles it took to make the 14 A. No. I think it's possible that you probably 15 separation. 15 could, but it wouldnhow long the crack was there 16 0. Have you done that? 17 before the accident, do you have a scientific 17 A. I have not done that. I think a metallurgist 18 engineering way to quantifying how long that crack 18 might be able to detemrine that, but I don't know. 19 existed? 19 0. Have you made any attempt to determine how 20 A. There are ways to do that. 20 this particular coach was actually loaded, in terms of 21 0. Did you do that in this case? 21 what Mr. Irwin was carrying inside that coach for the 22 A. I did not. I think it just got put on my list 22 time period that he owned and used that have not. 24 0. With respect to the wear on a tire, I think 24 0. Do you know what he was actually carrying on 25 you indicated previously that wear on a tire -- abnormal 25 the date of the accident at the time of the incident? 202 204 1 wear. And would you consider that to be abnormal wear 1 A. No. Besides a passenger. 2 that you saw in that area? 2 0. Do you know if he had any pottery in there? 3 A. Well, one word for it is rapid wear or 3 A. I don't recall that being mentioned. 4 abnormal wear. 4 0. Have you to data made any attempt to determine 5 0. And I think you indicated that the abnormal 5 what he was actually carrying at the time of the 6 wear could be caused by balancing or unbalancing; true? 6 accident or the 1,000 miles leading up to it? 7 A. A different type of abnormal wear, yes. There 7 A. No. 8 are many times of abnormal or rapid wear. 8 0. As I understand it, with respect to the 9 0. And it could be caused by alignment problems? 9 pressure grooving around the wheel ?ange -- I'm not 10 A. Yes. 10 talking about the weight marks, but I'm actually talking 11 0. Which includes camber problems? 11 about the rim -- the flange of the rim, actually, as a 12 A. Camber, toe-in. 12 result of pressure making an indentation er a polishing 13 0. And can abnormal wear also be caused by an RV 13 of the adjacent tire. That's what I'm talking about in 14 going down the road with a bent axle; that is, an axle 14 terms of ?pressure grooving." Are we on the same page? 15 that is bent, in this case, on the right side/the 15 A. Sure. 16 passenger side? 16 0. Okay. As I understand it, you did find some 17 A. Certainly. 17 evidence at certain locations on the subject tire caused by an RV going down the 18 some pressure grooving; is that correct? 19 road with bracketry for the axle that's bent on the 19 A. Sure. Trace amounts. 20 right side? 20 0. And can pressure grooving be an indication of 21 A. Of course. 21 the tire being operated in an overloaded or 22 0. And have you to date inspected the axle on 22 underin?ated condition? 23 this vehicle to be able to rule that situation in or 23 A. If they're very, very extreme, it's possible. 24 out? 24 But the work that I've done in measuring pressure 25 A. o. I don't think you can do that after an 25 grooves shows that it is the worst indicator for Diamond Reporting; inc: 407.810. 0.951 dreporting?@ao?com 7 ?lj-??vr Case Document 82-2 Filed 09/02/08 Page 37 of 39 PagelD 1039 NIna Faye Irwin, et v. Goodyear Tire Rubber, Inc., et al. Keith Alan Molkenthin July 24, 2008 Page 1 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION NINA FAYE IRWIN, Individually and as Personal Representative) of the Estate of JOHN JAMES IRWIN, IV, deceased, Plaintiff, VS. CASE NO.: GOODYEAR TIRE RUBBER, INC., a foreign corporation; MONACO COACH CORPORATION, a foreign corporation; and LAZY DAYS R.V. CENTER, a Florida corporation, Defendants. Telephone Deposition of: Date: Time: Place: Reported by: - 4,.2 -me' -, KEITH ALAN MOLKENTHIN July 24, 2008 9:10 a.m. 5 North Royal Street Suite 200 Dennis M. Snell, CCR "m um" 7, ?xx-vim ??~mgm - - 7, Reported By: Dennis M. Snell, CCR r. :29me ?my; 3.2mm 2M. I ii ,4 1:9 5,3: 2 "a 'wm?rw 1:9} I 535: ?mammary vr "mega? "Z?aitei?? ?Imam 3 .- 52W 25?2" WM . .: .1.- 7.323." HUSEBY, INC. - 1230 W. Morehead Street, #408, Charlotte, North Carolina 28208 (800) 333-2082 Case Document 82-2 Filed 09/02/08 Page 38 of 39 PagelD 1040 NIna Faye Irwin, et al. v. Goodyear Tire Rubber, Inc., et al. Keith Alan Molkenthin July 24, 2008 14 (Pages 50 to 53) Page 50 Page 52 1 If you could refresh my recollection a 1 Why would you check the pressure? 2 little bit, was there like a pullout or a slide-out 2 A I grew up on a farmthat motorhome, you know, where the couches would 3 I do it to my car every time I go on a trip. 4 have been? 4 All right. Sid told you that you 5 A Oh, yeah. Yeah, there was -- it was a 5 should check the pressure; is that right, sir? 6 triple slide. 6 A Yes. I spoke with Sid about that, yes. 7 Okay. Is that where the couches were, 7 Okay. Is that because Sid asked or is 8 on the slide part? 8 that because you ,just told him about your being to y, 9 A No, I don't -- I do not remember. I 9 the motorhome? 1 0 don't think they slid out, but I don't remember. I 0 A Because I asked. 1 1 think that's side was smaller and shorter and the 1 You asked what? 1 2 passenger side was bigger, but I don't recall for 2 A I asked Sid. I said, what do you -- 1 3 sure. 1 3 what is the proper, you know, tire pressure for these 1 4 All right. Regardlessbig tires. 1 5 know, do you know whether those manuals ever were 1 5 Did he have to get back to you or did 1 6 removed from the vehicle while they were in your 1 6 he know the answer? 1 7 possession; meaning, you know, while they were in the 7 A He knew the answer. i; 1 8 possession of Kemuel Associates or Sid -- 8 All right. And what was -- was this - 1 9 A No. 1 9 before Mr. Irwin took possession? 2 0 -- before they went to Mr. Irwin? 2 A This was in -- yes. i 2 1 A No, they were always kept in the 2 1 But after your vacation? 2 2 vehicle. 2 2 A It was before my vacation. 1 2 3 Okay. Now, you said they were in the 2 3 All right. So when you were -- 2 4 vehicle when it was -- the possession of the vehicle 2 4 sometime when you were in Florida or shortly after -- 2 5 was transferred to Mr. Irwin. They were still in the 2 5 A Within two days of me taking possession - Page 51 Page 53 1 same location? 1 of the motorhome. .. 2 A Yes. 2 All right. And you don't recall the 3 Who went through the vehicle with 3 exact pressures you were -- that you put in the 4 Mr. Irwin upon his initial review that couple days 4 tires? 5 after his initial phone call? You said, what, 5 A Not at this time, no. 01', no. 6 September 2003 or 6 Do you remember actually putting air in g; 7 A YeahToyota Mall of 7 your tires or do you remember ?just checking the 8 Georgia. I was probably the one that showed it to 8 pressure? 1' 9 him. 9 A Checked the pressure. It was perfect. 1 0 Okay. And did you go through the whole 1 I did not have to add any air. 1 1 vehicle, including the -- showing him where the 1 1 All right. Did you ever add any air or 1 2 owner's manuals were? 1 2 see anybody add any air the entire time that you or 1 3 A Oh, yes. I showed -- yes. 1 3 Kernuel or Sid in Georgia had possession of the 3 1 4 All right. Now, going back to your 1 4 motorhome? 1 5 trip, when you went down to Florida and the brother uncle or Mrs. Michael going through the inspection 1 6 Now, you said that you did a visual 1 7 process and/ or review of the motorhome, did they talk 1 7 inspection of the motorhome beginning with your trip; .. 1 8 to you about in?ation pressures of the tires? 1 8 is that right? 1 9 A At that time I don't believe so, but 1 9 A Yes. 2 that would be kind of hard to remember from ?visual inspection at any 2 1 years ago. 2 1 point prior to getting back into the vehicle? 2 2 All right. Well, that's ?nesaid you do remember checking the pressures at one 2 3 Okay. Just at the very beginning of 2 4 point or another. 2 4 your trip you ?just did a visual inspectionXesReported By: Dennis M. Snell, CCR HUSEBY, INC. - 1230 W. Morehead Street, #408, Charlotte, North Carolina 28208 (800) 333-2082 Case Document 82-2 Filed 09/02/08 Page 39 of 39 PagelD 1041 NIna Faye Irwin, et al. v. Goodyear Tire Rubber, Inc., et a1. Keith Alan Molkenthin July 24, 2008 15 (Pages 54 to 57) Page 54 Page 56 1 And what -- with respect to the tires, 1 thought it was really neat. 2 what Would you inspect? 2 Did it say anything about tires and air 3 A The very ?rst day? You mean before I 3 pressures in there or do you recall the speci?cs? 4 went on my vacation? 4 A I don't recall the speci?cs. 5 Yes. 5 Iwouldn't expect you to. 6 A Just like you would your car. Just 6 On your vacation were you hauling 7 looked at them and make sure they have tread and -- 7 anything? 8 Okay. Would you get down underneath 8 A Ipulled a Jeep Grand Cherokee. 9 the vehicle? 9 Okay. Now, do you remember anybody 1 0 A No. 1 0 else pulling any other vehicles when they went on 1 1 And you just do an exterior inspection? 1 1 their trips? You said Sid went on one and a couple 1 2 A Yes. 1 2 of friends went on another, the manager for Toyota 1 3 Did you use your manual Mall. Were they you pulling stuff as well? 1 4 vehicle inspection -- 1 4 A Not that I'm aware ofyou're the only one that pulled, as 1 6 -- manual? Did you? 1 6 far as you knowYeah, I just pulled a tow dolly with a 1 8 With respect to the manual itself, you 1 8 Jeep on it, you know, backwards where the rear end's 9 said manuals in general, I guess. I'm trying to 1 9 on the air and the front tires are on the ground. 2 0 ?gure out if there's any breakdown. Was it more one 2 0 All right. Was there a hitch system 2 1 manual? Is it the motorhome manual, the tire manual, 2 1 attached to that particular motorhome? 2 2 you know, a air con -- a refrigerator manual, AC 2 2 A Yes. 2 3 manual, things like that? 2 3 Okay. Now, was that thing transferred 2 4 A Oh, yeah, there was probably 20 manuals 2 4 to Mr. Irwin when he took possession? 2 5 in the car. There was -- it was like a small 2 5 A Well, the hitch is bolted to the Page 55 Page 57 1 library. 1 vehicle, but as far as of the pieces and parts that 2 Do you remember exactly what manuals 2 hook up to a vehicle to pull, no. 3 were in there? You started off by asking was it 3 Okay. 4 do you remember there being a Monaco manual for 4 MR. MURPHY: 5 the or a Beaver Santiam manual in there? 5 I'm sorry. Your answer? 6 A I do, because when we were 6 THE DEPONENT: 7 obviously, on trips, you know, you get bored and you 7 The hitch is bolted to the bottom of 4 8 just look at things, and I remember a whole bunch of 8 the vehicle just like a pickup. That, of 9 books in there 9 course, stayed with the vehicle, but as far as 1 Okay. 1 0 the sleeve and ball and any wiring or anything 1 1 A about the engine and everything. I 1 1 like that that would hook it up to a vehicle, 1 2 didn't study them. I?just remember ?ipping through 1 2 no, nothing else went with it. Just the part 3 looking at them. 1 3 that -- just the actual hitch that's bolted to 1 4 All right. Do you have boring 1 4 the vehicle. 1 5 vacations? 1 5 MR. MURPHY: 1 6 MS. MAROON: 1 6 Okay. 17 Don?t answer that. 1 7 BY MR. DORAN: 1 8 THE DEPONENT: 1 8 The part that hooks up to the front end i 19 What did he say? 1 9 of a towed vehicle did not go with the motorhome when 2 0 THE REPORTER: 2 0 it was transferred to Mr. Irwin? 2 1 Do you have boring vacations. 2 1 A Correct, it did not. 2 2 BY MR. DORAN: 2 2 Do you know whether he was towing 2 3 You know what the Monaco Beaver Santiam 2 3 anything when he had possession of the motorhome? 2 4 owner' 3 manuals look like, yes? 2 4 A I do not. 25 A Yeah I ust looked throu theli mm 2 ZWW I Do oumkwg?o?w whether he _urchasedmam? Reported By: Dennis M. Snell, CCR HUSEBY, INC. 1230 W. Morehead Street, #408, Charlotte, North Carolina 28208 (800) 333?2082 Case Document 82-3 Filed 09/02/08 Page 1 of 39 PageID 1042 10.. 12. 13. 15. 16. 20. 21. 23. 25. 26. 29. 31. 39. 51. EXHIBIT DOCUMENTS Memo dated 10/27/98 from Steve Sacia to Bill Wolford Letter dated 11/23/98 from Bill Wolford to Chuck James Letter dated 11/16/98 from Bill Wolford to Chuck James Letter dated 6/ 15/00 from Wayne Coeburn to Mike Cloniger Memo dated 4/13/99 from Bill Wolford to Jim Brim Letter dated 10/ 5/ 99 from Robert Wozniak to Kenneth Weinstein Recall Information dated 11/17/99 from Fleetwood 2/ 17/00 sales brochure from Goodyear Memo dated 5/19/00 from leetwood to Rick Read at Goodyear Email dated 9/1/00 from Jerome Hoover to Bill Wolford (Con?dential) Email dated 9/1/00 from Bill Wolford to Jerome Hoover (Con?dential) Memo dated 10/5/00 from Monaco to David Patterson and Roger Morgan (Con?dential) Chronology of event dated 1/28/02 prepared by Goodyear Letter dated 1/28/02 from JB aboor to April Klein (Con?dential) Product Service Bulletin dated 6/26/02 from Goodyear Failure Analysis Report dated 1/4/08 prepared by Dennis Carlson 1.. Case Document 82-3 Filed Page 2,0f 39 PageID 1043 .75: ?nisher-.21, $93.3. cc: Bill Hopkins To: Stale?acia Manager, Auiamd?ite Enginsaring Chuck Yufkavic'h Paul Se?iim?m From: Bill Woiiard Asa 33am Area Acct Mgr; Autamiitivs Engineering Jeff Row Raiph i-i-iibi'sh: ems stash Lou ZUIi-ta Subject: RALLY, RAYNEYLA, 120229.92an OBJECT Flea-{woods Amsrimn Busch Asaaciat?isn has two Nation-?ii raiiys per year.- Gondyear was ifomtally Invitsd Ed attand ?t?is ysars fair 'r?a?ii?y. Approximately 30.0 coaches were in attendance. Our abjsc?vs was is rsivie?w the application and discuss: tits issuer?s with the. owners of thesis $303, not) snachgs [five axle, rear' dtial drive, ATTENDEES GOQDYEAE Eddie Manquai Manual Iire Eunice, LA 4011?; Haunts; Eisaiar Sales.- Manager Ron Lindsey, Tmck': til-it: Saks Manager Biil Walford Ama?acnunt Ma?agar L?u ZuTii'a' RMT Design Engineer SUMMARY 1) arriving on timgmunds (Weds, 101-213- there was astrong; assassin miatmn to tits Maw-guts: and fund sapamtions. Bas?d on this Jaim. Hannie p-n?jti Rah Lin-tissy. waits contacted a'n?ti w?r'e' oasigjh't aariy ThursAM to assist in reviewing :a?ijti discussing the issuas. 2) Ths?an'variousimudets a?caacfxes, ?swewr?ths-predominat?tim wasisar {Cam's?iitsr ?ies wars we! bits).- 3) Only tire on hand-with a s?patatipn problem wasszrevitmsd stud Will he. Te?sh Gems fsr??a?iysis. EXHIBIT ,t I i i Cage D0cument82?3 Filgd 09/02/08 Page 3 of 39 PageID 1044 aaq?tinued mm, 1 9,93 2.- 4-) app-maamateryap vanish-s with varibqs?ha'wear patterns yam ravi?wed oh shah-ad. .mtiiale maintename?alignma?mta?hnswas discussed lnr?sdeta?. 5} 33691 prevai?ntmear pattern was fas-Uscailq?pad sleaz- ?razs'hou'idnr-wean T?ia was. Qv?iuatada?a vehicie {if ?re Malian and p331 hiaih'jtenange. . 5? M95: ?#39th WW9 31.85,? maintenance pertaining; to 11;;sz Howavar?a?iars were 15% @b??afn??iahaut :?I?ai?'t??na?mjhuj ware aware-hf ?re mar=1381zes. bur discussia?a weretgprima?lra'cademie explanations 'hftirei ghi?fb?rh'anchiala?i?? f0? iota! ?re?vehi??eiaal?fe?a?ha- Jaguamated tog?m diameter differah may hehugqnifha Dawns (Wag?#1151651 ?fi ?53 311.1. import- 01179.3 ?Harm ?51th w??am?d aha-"t" :?hezhipwgouha raizi?anmdiamet?er diffamnceumus?mom?aad. Wk tried to :ah??aa? the. when. hhwever he was sail mama and may change czar His?rims. 31 Ghana mla??g Ian-gum prassumand speed a'?d?Fual ?annomy v3 Maw messiah and ahead we discus-mama mammal One 99912811317 who ?99553311 1W0 tir?t ?9 #1131133. 9} not-:tfmparfanhanca. ?i ?bThe mostpreda mtgaghaehassis wasSpartan Imeaiagaa ovldeme gr 5361? Pg char-?18 issue-where {he airing mounting s'tuii?adubbed "the. uppeasidewa??of?ithae?re; This condamii?m?ia; di??wis?? With t'w'tu upera' I 1.1} b?tk?f a mall?? 0.017109% and Sigrii??ah?tgdl??n??ipn: A. :Vahjci?as??ack semen ethers Famihai??b 5515 .wi?ih hematite whim average ?ew? iss?m?iimil?a 9.1% more '?ayattii'e??pus slewspeed q' :maet?hg 193,500. T1139 rafa?fon Emmi etyai?gm 5.3% 11133.11? F??rwi?h T??t?i?a rear" waved to thefmn?f. Document 782-3 Filed 09/02/08 Pager4 of 39 PageID 1045 316:1.qu cgn??ued Dct?wk 13335 - 3 - D. Ride vibza??un raf??iqe to?ra; do?s nbbapp?eafto be a pr'dble'm: i153)" ?BEIieve this mp Wive?prrodi'z??vws we addr'b?'sad arid mime-- "i?agr'rqund rqiq?vza fr: me?ope'rat'brrs Hagar-90m concerns. ALL vehicle gownam were very appmdatm of our comment'smndaxplana?ons; ITEMS fire back Watford 2} between Euro tire'and [amyille?ma?d Mite ppm-gag: a a?d tire?iame?ter diffem?m amt-$99? Wolfdc? 3-) wia thiez'eSpring Rally in WEWWOLFORD __C_ase Document 82-3 Filed 09/02/08 Page 5 of 39 PageID 1046 GEGDYEAR: TECHNIQAL CENTER AKRON 950 39% 35:31- . . y" AKRON OHIG 4435953531 November-23, 1995 Mr Chuck James FLEEIWQQB AMERICAN COACH SERWGE T425 Patiersen Street [3an IN 45Z33 251.1555 pamper-THERE FAsreazeeaasaws-es ass saws? D?ar magmas; R?iaiiye. ia- the subject; the following paraphrasas an ariibie taken: out of Goodyearis all 1395 COMMERCIAL IIRE MANAGEMENT pubircatlon FUEL PENALTY A mile 91 thumb says for every 1 aVer55. fuel economy goes down by.-1 mpg. in o?iermrda running 75, instead of 55 may boost you 2 mpg, or 33 percent if yaetrusk $11115me averages 6 mpg- CASING DURAEII. Runnmg hatter sea take its toii on rubber.- A good exampie is in the ?res shoulder stale; where the 5,911? 9595 (if the rep steel belt 535'. iabtaih temperatures Up. to 185 degrees running conimuausiy at 25 mph. A155 beii edge temperatures average 1.50 degrees TREADWEAR Tssis Show iriat avary1 mpr?l irig're'ase ever 55- results In 1 p'arcaat reductign in ?resd m?eage in other words. running at 75- instead of 55 They cast your ?e?eji 2.0. pereeni in ray-Travel mi} as. IRREGBLAR WEAR As you: suck speed increases you tiras ?air 'r'nore issulting In a different foot-print Geing? from 55 is 75 mp1: asuses- i119 5535. to iangthen? which can muse? ?re; Sim-riders tp' deyaiepguppmg arid avera? fast shaddar Wear irreguiar was: leads premature tire r?n'iovai RESISTANCE Ypur?re?s. resistance to: sidewaiia snags and head area punctures is reduced at mass nihn'in'g Speed's, again because of higher mbbariempsramras. You can 3245th more incidents er read damage as your running speed increases. EXHIBIT Case . Document 82-3 Filed 09/02/08 Page 6 of 39 PagelD 1047 f" FieeMoee. Getting there taster? continued Nnyember 23, Priprtp 1998 The Tire 5mm associatien limited a tires Lead Te 65 mph. If an and user- ejected Ie 903:5, he. had a -dewngr_ede the Tires {pap 32%- and Thomase. The in?e?pri measure 5 p51 Death many statee adopting speed limits at 25 The Tre Association new States. that- The tires can. at the eiecfion of the The company: 95 T5 mph- with no rndrease in in?ation pr?es5urp. Fi'Jr. tine-haul Type eie'ctect- fa adept The ?5 aianciard IN NO. CASE Twill Geodyear aver autherize er pendene speeds for Medium "Fa-tick ?Thee :Trfz excess: pf 75 INFLATION PRESSURE New; mere than even. pmparairiniiation presspre meet he maintained. RUn?nihg undedn?atad will aeceiamte' theTIre phobl'ems assodafexi with higher speeds que'r?Thari rated eI'r pressure; wiIi pause The Tire to generate ever: moredamaging heat. 'In summary speed takes a heavy Toll on 3 Tires iife. and Heat' is the wast enemy at 3 Tire ahd the higher the operating speed the Taster the heat buildup am: The higher the temperature wi?fh The tire. Fer reesp?'a- Hated 3503/5, gettihg To your end destination fais'ter can? have a signi?cant impact on eve-rail Tire" perionnance. If?you haze any ad'ditienal questipn's relative to the abbva,? piease do net hesitate ?teiwr-Ttac?mne. Sincerety, (Bill) Weiford. Area Wunt Manage-r Tire Appiicauons Auteme?xie Engin?ett?g mi: Ralph 55(5me Case Document 82-3 Filed 09/02/08 ?Page 7 of 39 PagelD 1048 (Element; TECHNICAL 49 Amer: Ki AKRON .OHIO. 44309- 3531- ..Movember 1998 Mr- Chuck James FLEETWUOD AMERICAN COAQH SERVIQE 1420 Patterson Street Beeatur. IN 46733 Beef: Mr James Reiatrze to; a. concern F-Ieetweed has relating to tire blow-qutsi Itheugitt arr:- academic explanatien e'if theeubject might be (If interest. This Is: rte! to impiy that thrives are always ?eleen? It?s just to exptain that tires are net By a blowout I?s Fan instantaneous ruptunng ?of the 'tIr'e bedy, causmg complete tees of: air pressure Tires endureneeand life can be impacted such as 11351131951311.1539 are! nen?ete?en 07'? 313118781657 Fatigue aIe' somewhat properties of tire endurance Be1h can be adversely-affected by eXcesswe cendItIens e"_f lead deflection Inflatten and Speed All at these reiateto heat- bLIind up. rend heat Is the. greatest enemy of a Eti'r-e; Excessixte heat will cause 51-- degradatIen bf material properties which In turn catt Impact .3 tIree endurance am durability Tires? are deatgned T?te pettorm at operating temperatures, which is semetimee gelled temperature At equilibnum the heat generated Within the tire structure Is equal to the heat It?tssipate aim the tire surfaces. Exceedmg this" temperature tint shert perverts et- ?tiitrie I?s net apt-'0 . .- butexceedtng It? fer I'ong :peri?o'ds begins t'e' cease 'Iess- :e?f strength the material eempenante and eventuatly separatIen ef' the tree structure "I?i'r'e detleetien factor "71- the development of heat In a- Querleading and tin ?'nnftatien, de?ection, pauses Increas. dlhe In the: tire which can leedito tIresmaterts?I degradatien and tire failure StdeWaII flexing increases nettceably 'wrtjeri a ?ies. InflatIen 20 persent betew recommended Undenn?atton :eart he eaused by Improper mounting procedures such are damaging the tires; Sauge EXHIBIT :Case Document 82-3 Filed 09/02/08 Page 8 of 39 PageID 1049 Flee?hu?ood, ??re is?uexa-z?ah?h?ued' November i6, i098 Vehide Speed isfaf?q a signifiga?iaf?z?tor r?iative t0; Higher ?re- temperafur?s occur as speed incr?a'sas; ?19:03;ch true that the higher the?: Obefa?ngs??edi thje fasi??i the. heat buildup within the fire. "The issue heresis it'ire deflectiom a tire going at 1a higher rate of speed mere. heat. EXtendEd Sib?eizis 75 MPH are: detrimental to tire pez?j and can be a cause of fire compoijem degrada?bnr in summary tire bibwautsgan relate tqa number 'ch factors, howevertije keyon?s being oyerioad,, underin?'atien, whiting; weed, and mad hazards. if you have any 'additionai qUesiions? relative to the above, pleas? do her Lhesitartaitp cant'aqt me. Sih?er?ly. (Bill) W?lf??d Manager Tire Appliaa?ons Autoni?otive gEriQi??eenfng ,7 "case Document 54-5 I?iied 09/02/08 Page 9 39 PageiD 1 F'Igb a3? 07 Rick Road p.12: om aroma - June TS, 2900 My: Mikg: Clonigor Matczials Manager Amcrican Coach 103] US 2-24 East P0 Jim: 31 DecaturIN46733 SUBJECT: sorrow AT FLEETWOOD AMERICAN Dear Mike: We; hovc' Just pomptotod our 'rcto?cw ofyoor letter to Rick Read mgarding the decision ?not to specify Goodyear tires on (In; Amoriczm coach. decision appoars to be based on a parcep'tion that the Amencan Coach customdr is dissatis?cd with Goodyear and that Goodyear h'as 'not Mppoi?tod Fleet?wood. i am, quite ?nality. amazed that, a?cr a thirteen-year IcIntIonship, you have come to that contlusi?on; Peth'np's. this hism'ry, a? w'o see it, would 05121" a monk balancnd. View. The following is afchroqolpgy q?'it?g'n? loading to cunqntAmci-inan Coaoh root-II}. 1 Com bar, 1998"-? Fl??twoodAhmi'ican Coach Rally 113ch. LA Goodyear-sfv: represcmativgrs of tire failures on 275/70R22j G159?s. Goodyear Iri'Ltiat'c?s ir'wd'stigatib? n'nd requests tires be returned to Akrci? fo'r malysis' Opinion (if-moist oWnc'f's' -.- tir? abiasc?. 2. November, Goodyear m?nlt?s to ad on effects of'specd, toa?d distributioxi, and io?atioh on tire p'?rformaztce Information provided for coach Decemhor 1998 Goodyear analysis docs not show failures Doom-ling in other commercial applications. List of Goody'mr Product S'crvicc 'pcrsonnc?l nationwide sti'pplicd to assist coach owners w'tth tin: maIlnIeoimcc knowledg: and problem resolution" La, 4. i998 Goodyear accepts rosponmbitity for tire six: dIEcrc'nco U. S. and European rims and initiator. a replacement program WIth no charge up to 50% wom 0-7. EXHIBIT 11. "Case Document 82-3 l-lleCl Page J.U of 59 PageIL). Feb 23 05:09}: Rick Read Swiss-3328010 .2. December, 1998,,t0 January, [999 Goddycar and Hammad continue to collect weightand tir'e'majmcnance data. .Ln 6. Retinal-XI 199,9 Amiysisdffailcd tins by Akron engineers points to heat buildup due to Wei?loading under-in?ation. 7. March.- i999 Goodyear meeting held reviewing?cm?mnt "1:011:51 more data 1'0 determine hue c?ausc. Consensus 8113} o?n? tire a'b?u'sa. 3. A9517, 1999 Ad?i?ohal analysis offailcd tir'cs by Goodyear ?oints to overloading ?nd/6r u?dc't'w- i'n?a: j'?an. 9; '12-,19199 -- Gaodycar that Fleetwao?d owners? be hoti??d to have _axl'? ends Weighcd as} dam shows signi?cant axle: end-load variation and 10. April-k 1999., Palmdal'c. RV Rally in Sim Bouit'a, TX qudyqarsuppurth with in mamas abqut {in maintenance and Idadixjg. 11.191thz 1999 Goodyear co'ns?ms to that lire is designed for 75mph perfamancc- I'LJwiel 19.99 'Gddidy?a's? Sug'g?st's to that bas'md on a?wcigh we go" 'dnta; Flc?twood data, and analysis, ch: aux-mm tm: does not offc'r enough margin opera?onai lpads'emd that should change: 10 a_ l-argcr aspect ratio tire; may, lih'c 275i80R22. 5 From this maunimcndafiou, _thc Fl cclwood Am c?cgn (Bunch rccail, began. Goodyear alsked b"y to Sup'ply the ?res for the. retro?t and asked if We? wouid Isquly QB priq?ing. While echnifzany' this Is not a ?rst _Goodye'ax' agreed to supply al OE it'vels. This reprpsents a $1 008 ,858 comributiOn and also. 378. ;n costs. Our calculations would that we have comtibuted l. 1 million to the effort without regard for shipping, handling, and other lost opponuniticq. "113%? 1:325? I 3 WM tag-?9' E'a'b "23 912 ?13513413 Ri?ck Raa?d 5742593~?oio -3. As to 01th:; Coach malls iisjcd in your lcucr 111mm say that white Eastwood took rqsponsibtliry for 1h: criginedling mats in the Amarican Coach. this 19. not the case wit};- aU manufacthrers In smumary, Goodyear has been along and loyal supplier to We have supplied technical informatio?n, rank-.3 and provided m- depth analyses Additionally, our support of the cor-rent meal! 15 in excess of $1 1 mi?ion As far as end- uscr con?dence 15 concerned, the ?300de brand Continues to be. a preferred high-- quality product. in essence, Goody?ar is continuing to the recall 85ml; ?nancially and technically. Gist- bi?a??d image ik high and shim {0 add value fo the vehicics on which they are ?tted. Wt: at Goadycar afc Mary dr'San-rbirifcd t?c derision notio source us on the- .200} model. Hopofully1 our 'vicw oflho Wants wull so?cn that decision. Raga} we wish to remain' a Supplier to Fichtv?vood and will work very hard to regain our position in your Company T?ank you {dr' aljo'g??g m: to givc our posuion. Director, 0E- Commercial Tin: Salas Coelium WEC: to: BobThompson ?Dirgcior. MafuTia'lst, Elcct?wood RQuin Gdrb?dgg Chai?i's Admin, Pinewood Vincc Monza, Gamma] Manager, Amencan Coach John Weiss, Midi-?: Home Group Jeff; Row, Mktg' Mgr, DE: Comm?i Tires. Tho 60'dewa Ire Rubber Co Rick Road, Acdount Exec, The Goodyear Tire Rubber Co Bill Wolfmd Area Account Mgr, Automotive Engxg. The Goodyear Rubbiz?r C0 Bob ngttin, Account 13ng 11:: (3:206th ?fire 8; Rubbcr Co Bryan Ku?iamhn Vicc? Pitsident, NA Tire, The Goodyear ?re t5? Rybber Co Biil Woh'ord 0411 3/99 04:25 PM To: Jim Brim so: am GOODYEAR. Mike Ralph GOODYEAR. Dick GOODYEAR Subieot: FLEETWOOD RALLY. TEXAS 1 Jim - All issues with Fleetwood have been on H, 159. Tread Separation. tire blow-mils. Goodyear has taken a pretty good hit on this subject. The info below gives a different 'objeotive' slant on the issue and now it is a matter of educating the end user Fleetwood newsletters and presentations such as yours at Railys. Flee-tweed has endorsed all of the information that is given below. i will be shipping approximately 50 of the attached. Purpose of these charts is to visually show the benefits of maintaining psi and slowing down. You may wantto show and discussduring your?floor time'. Have emphasized that measuring inflation is oniy as good as the calibration of the gauge. therefore it is important to ensure your gauge is accurate. Will send down a few of the following charts (in color} out oi the attached presentation. 3.45.83.10.11 Chart 3 - Tire Section of returned tire. Toothpick at bolt edge shows separation, Also rib tear has been a complaint, which also ties into the belt edge separation. Design guys say that when rib is stressed and can evenutally separate. You the belt edge separates the tread may have a better explanation. Chart 4 the Analysis explanation Chart 5 Capacity under each inflation is the same {100 psi: 5,530 etc). Left column is tire load. is overloaded and bad news. Early on Fleetwood gave me a chart on received actual data, which is chart Notice going oif the production facility steer Anything in RED axle and loads (this was before We 'Lett Steer unloaded? arrow. This was reported as the load lot, with 1/8 tank of loci, no canned goods etc. Fleetwood also said the left could have an additional 1,000 load once the vehicle was geared up tortravel. The purpose of the chart is to show that once loaded the tires will be overloaded it not in?ated to 120 psi. 85-110 psi lorride?comfon therefore mest are Most owners put in POUND of overfoad. Overload underinilated/overloaded. We will not authbn'ze ONE is overload and overload is bad news. Chart 8 -- F'leetwood gave us a lot of data accomulated byA'Weigh We Go. plotted the data out chart. The data is actual weights by axle end. The red horizontal lines capacity at the given in?ation pressure. Anything above Goodyear data- it was given to us by as is shown on the represent the tires rated load the red line is OVERLOAD. Again this is not Fleetwood. Chart 9 - Top half shows in?ation pressures 'as indicated? by owners (part otAWeigh We Go data). Bottom half shows ?aclual data? that was recorded by Fleetwood during comparison, however l'rn comfortable in service calls. This is not an apples to apples Case Document 82-3 Filed 09/02/08 Page 12 of 39 PagelD 1053 EXHIBIT 6% 3 Case Document 82-3 Filed709/02/08 Page 13 of 39 PagelD 1054 stating that, based on these two comparisons. owners believe their in?ation pressures are higher than they actually are {Worth noting i think). Chart 10~ Summary 01 the previous charts and the meal of the program. Would stress Rear Axle Tires not overloaded, and Front Axle Loads . 20% Left Front Overloaded etc Chart 11- Comments based on above and currently endorsed by Fteetwood and Spartan (chassis menu). The chart is not exactly right. changed it to accomodate the rims max pressure rating of 120 psi. My initial chart stated that the tire should be inflated to 125 psi, which made the following statement correct "Front tires should be imitated to 125 psi to cover all loading scenarios'. Now that it has been-changed to 120 psi there is one data point on chart 8 that would show an overload at 120 psi, You should be aware that we do not have a 'Globat? problem with this tire. Adjustment Reports Show no abnormal problems, however Product Liability Claims are very heavy in the Fleetwood column. The Product Liability Claims should probably not be discussed with the vehicle owners, however i think you should be aware us what we have found. Please study the above, then we can discuss further. Thanks?! Bill Woltord f. Odd): 5, 1999 00.53 3:1 1152?. 12: ?1 ?E's mm m? #3562: mat: ?r 5.15;; gm? 13-: an: mm HIGHWAY 400 Sean}! 3L, aw, Wuhitgmn DC. 20590 93%- 277 RE: SAFETYDEFBCT REPORT Duer. WM Gum-hobs]. WmdempimRnpu-k M49 11:53me anaconbarl, 1999. - 10311182268. Mum 46733 PM anera ?Indium, Inn. 1803 Wmchadu' Straat PD. Ba: 1006 DWI, Maui 46133?5006 1&0me Wozniak limo: uanginoeriq WWM 2970Mycr33t. Rivuide, (Emmi: 92513-7638 Telephone (909) 351-3814 Fax: (909} 351?3986 Robc?Whedu 103! USS-2412. Dame?n 46733 EXHIBIT :Cage Document 82- ssv. 217 dw'?t'mm Thciwolvcd mm; 1995 homes. to 719W4477291. mae?r?nwingum Wenmnbaofmhumu pate-1153113 mums lhu my da?d: WEI: 2000 Marian Basic 104 2000 mm 30 2500 American Wan so _1999 mm 400 1999 Main-um 3&5 1999 Auction Tru??un 300 1998 Alumina Basic 432 1998 Amm?m Hum 370 1998 Am M51111 296 1997 293 I997 Amie-annual 210 1997 mm 126 1996 Anr?m?igie 151 1996 American Dream 124 I996 Amalia-n Tradition 122 Case Document 82-3 FrilecF09/02/O8 Page 16 of 39 PagelD 1057 I sat-217 usvgbudmu??onmatantm Ovulcadingo??ru uk?to?c?new?ohm September 15, 1998 udIdy?,Aaw29,udS?pmbc9, 1999, mayequippdwadwith (73Noupp?mble. mi?ngmr?ngOctuba'S, 1999. 1999. mommy? wxihb?ity (9) I) mamm- 11) Lattcroana??nwon MWBW -- uflatmtodmlmandm asp 991L271 Sincerely. /?c:h9 Rob?EWodak Fll'e age 0 a EXHIBIT PENGAD 800-631-6989 Case Document 82-3 Filed 09/02/08 Page 19 of 39 PagelD 1060 a- i Corporate ABOUT cocorenn OOH PRESS RELEASES >5 JMAQEQALLERX EXECUTIVE. BEQISIEMBMEDJA UPDA 1) CONTACTS Nc?hAmeric-a. Africa Ea Europe Latin?merics 6000;553:7112 OUR HISTORY Contact Us Quick Links Search Corporate invesron NEWSROOM Goodyear Offers Its First-Ever Radial Tire Specifically Designed for Recreational Vehicles Akron. Ohio -- Recreation should be comfortable. That?s why Goodyear is introducing its ?rst-ever radial tire designed speci?cally for Class A recreational vehicles. The new (3670 RV tire, through its dual foundation belt system and its specially tailored non-skid tread. offers improved handling, stability and ride comfort. in addition, it is designed to improve fuel economy and provide the option of retreadability, resulting in long-term satisfaction and savings for the RV owner. "One in every 10 households currently owns a recreational vehicle of some type. Over the next decade, that number is expected to grow to one in five,? said Jeff Row, marketing manager. OE commercial truck tires. "We believe RV owners deserve a tire designed speci?cally to meet their needs." \m :""'Untii the release of the (3670 RV, recreational vehicle owners seeking a Goodyear tire u3ually purchased the G159. A solid performing tire, the G159 was designed for pickup~and~delive trucks in commercial service. Mew??- owners are interested in different tire characteristics than pickup-and?delivery truck operators," said Row. ?Therefore, our engineers focused on what matters most to them - ride comfort, reduced vibration, stable handling, evenness of wear and sidewall weathering The key to n'de comfort is the dual foundation belt in the tire's four-belt package, giving the tire greater ?exibility. At the same time, its 13.5]32nd inch non-skid tread and a tread design that puts more rubber on the road provide outstanding treadwear, durability and traction on wet surfaces. In addition, the specialized rubber compounds used in the tire have been shown through Goodyear's ozone testing to withstand long~term sidewall weathering. which is Crucial particularly to RV owners who leave their vehicles parked outdoors for extended periods of time. The tire is appropriate for most Class A recreational vehicles, including campers, fifth wheels and full chassis RVs. The 6670 RV is currently in production for several original equipment manufacturers, and it will be available in the replacement tire market later this year. initially, the tire will be offered in one size, 245f70R195, A second size, will be produced later in the year- Both tires are rated Load Range F. As market acceptance grows. more sizes may be added to the line. Contactzanh Whitebcuse 330-7964 065 02/17/2000 6*?wa mn' Mfume Case Document az-d I?iied ?9/0708 Page; Feb 23 07 Ei'S-rmp Rick 5v4~3393=smo 52m mumsma?sass 5?13- 0 5:10:11 moon ram-I Home: of Minna, Inc 1931(13. 224 5, HQ 37 Unglunjndiana 58733 Mitjr 19, 2000 Tin: Rubber Company Original Mummem Tire 331:5 Division PO Box 71] Montimiln, IN 47960 Dear-"Rick, I 2h: opportunity to meet 1161th last Friday and outline the r?usons leading to our d??ision to norm: Mahdi; as 1h: Anmrii'm?n Coach 038.31. Tim fur model rcar 200}. ?is is; pf coma, a major change it; our max-Rain: 51,12:er as the mm- W: has?: d?i?r?d as 9:311de on our pmd'ucts in 113$:on of An'un?uan Cbuch. 131.31 indicated, wc gm; with Goodyear-'3 cgmin'bmion thus as we: mm: op; strategy-tn rcgai? the. cpn?d??cc: ofth? Ang?tan Coa'ch cusln'mch my?; poor showing on behalf ?lucs? this commiunmt. faith in American Comb, me?yer, has been restomd~?1W4hmugh Ihc? proactive apprbach Wuhan We shall con?rm: to pres}: forwmi with our ?031.16? cur-nustarncm rewiring the {we ?i?i in our campmy. The Miglpalhn has Encanagtd 95' ha mama? our longstanding the? obvfp'us rqsult. ucui'n?na?ng inour-dmcivicm? tq change I 1w: closed our matting Insi- ?red; you achd ifo ur decisit'm to offer Mighplin a; the: Standard lira Dq Amm'can Candi is mvh?blc, It: is As you] know, we are replacing tires uni?? Awericaif Coach units (six 1,402?modcl Star 1999' ?Sc 2000 units,_ front tics only an 2,341 model year 1996, and 98 alibi). Wacslirmte the cugtomcr a?comm?datiog costs to ix: I pm?cqulc ?nancially in the co?t F'llcefwood in taking um; we consider continuing (in, as we haw: in m: past, with Goodyear as exclusive supplier oftircs to American Coach We would cxpect Goodyear t9 shqufdc'r at least 50% of these costs, which we beli?vc f0 in: E1 WW QUICK FAXOFEW [?03 Ram) MFA: 29ij Co?kpt. amour. Eu: in?; #5733 #000 [Lum- I .. 00 to rcplacc palm-?atly- G'oodytuz this with new higlwr raqu tires u: 'nd? 2132723218: 1 If 39 PageiD 1061 a Case Document 82-3 Eiled 09/02/08 Page 21 of 39 PagelD 1062 Forwarded by em on 09l01f2000 12:54 PM Jerome Hoover on?09/01f2000 06:17:56 AM Please respond to ?ihoove@monacohr.com? To: CC: ?Walls, Jim? ??Heaiey, John? ?Wefies, Terry" Subject; Unisteel (3159 In?ation Pressures REDACTED DUE TO CONFIDENTIALITY CDNHUEWAL MONACO-1 691 I (Irwin) . a; Case Document 82-3 Filed 09/02/08 Page 22 of 39 PagelD 1063 m?Or'iginal Message?- Er?bii; . Sent: Friday, September" 01, 20001.43 PM To: jboover?monacohmom Cc: don riddie?czoodyeancomzbiif wolford?lqoodyeancom Subject: Unistee! G159 In?ation Pressures REDACTED DUE TO CONFIDENTIALITY MONACO-0784 (1min) ri?gi'?? 1T2EXHIBIT v. . a; Case Document 82-3 Filed 09/02/08 Page 23 of 39 PagelD1064 Received- 10/ 5/00 MONACO TECH Page 1 - . I 22:99:: "339%; 429m 3% 54:3 -- N0 . 359.. I David Patterson 56 ry I Rna?king Inc. . M24 IE 12. B01 141557 .. rtanch-?L 32814 Roger Morgan Msnaco Cnach Curpm?nn PO. Box 465 I 39-Rogcr Morgan 1' Wrskumsa, IN 46573 I w. ENVJ. REDACTED DUE TO CONFIDENTIALITY MONA?o?mto (Irwin) Case Document 82-3 Filed 09/02/08 Page 24 of 39 PagelD 1065 MONACO COACH TECH Page 2 No.59; a? Receiver?: 10/ EIDO 10: 7 1 :12: 4.7 OCT 5 39217 ?453 RYAN 92/ REDACTED DUE TO CONFIDENTIALITY ?#2222 2 .. CONFIDENTIAL MONACO-1741 (Irwin) January 28, 2002 MONACO MOTOR COAQH, LR 6159, TIRE PERFORMANCE CONCERN CHRONOLOGY OF EVENTS 1) 1125101 2) some: 3) 9mm 4} 9:24:01 5) extra/01 a) 912nm 7} 10117701 8} 1219101 Monaco Warranty Mgr. Kyle Dickens. Monaco made a mass mailing last week to all owners of the 2000 model year Windsor?s with Updated placards. Model year 1999 placards will be sent to coach owners ?rst week of Feb. New placard will read for the LR 6159 120 psi steer and 115 psi drive. . Brenda Cavanaugh (Goodyear Paralegal} called relative to litigation on a Monaco Windsor, model year 2000. Data was collected and the following was sent to Ms Cavanaugh; 1} Left front loading is on the average 565 more than the right front loading 2) Left front loading was as much as 1230 heavier than the right front 3) Seven of the 17 left fronts were overloaded an average of 9% and a maximum of 17% 4) Three of the 17 right trants were overloaded an average of 75?. and a maximum of 9% 5) Averaging the 17' vehicles the average left tire overload was 1% 6) Averaging the 17 vehicles the average right tire was loaded to 91% of capacity Based on above data was also collected on the following Monaco model year 2000 vehicles. Diplomat, Dynasty, Executive. Knight, Lapalma, and Signature. Brenda Cavanaugh with Don Manning (Monaco warranty}. Monaco determined that their Vehicle placard did not haVe the tires in?ated properly. Stickers were mailed from Monaco to their customers recommending steer tire inflation be raised from 100 psi to 120. Bill Wolford, Goodyear Automotiva Engineering, discussed the tire failure issue with Larry Robinson (customer with the problem). Tread separation at 23,500 miles. How in?ates to 120 psi per Monaco direction. Previously in?ated to 105-110 psi. Objective vehicle weigh scale data was reviewed and it was determined that there was an underlnt'lationloverload problem with many vehicle models. Engineering presentation was given to Coburg, Oregon expounding Goodyear?s concern relative to vehicle Scott Director. Chassis Development April Klein - Director, Warranty, Parts 5. Customer Service Jim Walls Manager. Warranty. Parts 8. Customer Service Mike Dodson - Production Manager, Magnum Chuck Zucker. Supervisor, Warranty 8. Customer Service?Elkhart Mike Kurt: - Warranty Adviser Elkhart Jim Mackin - Service Manager, Safari thdlelWall meeting. Goodyear proposes a Customer Satisfaction Program with Goodyear sopplying the at not charge if Monaco would take care of service. Monaco feels this is a tire problem that Goodyear should handle 100% including a 14300 castomer assistance number. Monaco agreed it was not necessarty to contact all 1999-2001 Windsor coach cornersEXHIBIT 5. Case Document 82-3 Filed 09/02/08 Page 26 of 39 PagelD 1067 Rafi?iVeG: 1/23/02 19319; 5416318030 .Je'tFax Page 2 NON 03148 PH "1900 COBCH GUST SERV FAX NO "418818830 P. 1?28?02: Tire Sales :330 75-5 5355 8 2/ 1 Akran 443: 6 - 0001 January 28, 2002 4. Ms April Klein .. Director of Customer Support. Services Monaco Coach Corporation 91320 Coburg Industrial Way Coburg, OR 97408 Dear April: REDACTED DUE TO CONFIDENTIALITY rm.? 1 9? Case 00149 RAL-EAJ Document 82-3 Filed 09/02/08 Page 27 of 39 PagelD 1068 JetFax Page 3 FRX HO "418818830 1330 795 3353 5415518030 BURCH GUST SERV ?ecelved: 1l28102 19:19; 1501*! 83:48 3-25?02; Tire sales REDACTED DUE TO CONFIDENTIALITY CUNHBENHAL C?tse Document 82-3 Filed 09/02/08 Page 28 of 39 PagelD 1069 - Iain 1- lm'p??a?tinformationio Better Your Customers Post For Ready Reference June 26, 2002 PSB #200240 TO: Goodyear Company Owned Outlets Goodyear Contract Dealers Sub] ect: Monaco Coach Corporation Customer Satisfaction Changeover Monaco Coach Corporation will be issuing a letter to owners of 1999, 2000 and certain 2001 Windsor Class A motorhomes equipped with Goodyear G159, LR tires. The letter w?l inform the customer that it has come to Manaco's attention that in a umber of instances it was found that tire air prams: was being reduced in order to gain better ride comfort and in doing so ?res were operated in an under-in?ated and overloaded condition. In the interest of customer satisfaction, Goodyear and Monaco are 0561ng to replace the original 275f70R215 LR H, 6159 With LR H, G391 tires. The higher asPeet ra?o tire will allow customers to Operate at a lower in?ation pressure that will give a. more comfortable ride while maintaining tire loading that is within the operating range of the tire. Please stress, to the customer, the importance of knowing the individual weights at each axle end. At the same time they must understand that airpressure in both steer tires should be the same and suf?cient to the carry load oftho heaviest individual axle end. At the Very least the minimum recommended pressure must be maintained in order to receive dependable performance from their tires. 4. In order for you to take care of these important customers and receive the proper credits please follow the outline below: Make certain the costumer has received the Monaco Customer Satisfaction Letter. - Replace tires on a No Charge invoice as an adjustment. . Charge the consumer for the mounting and balancing only. Record each claim. on a separate G345, Goodyear Commercial Adjustment Claim form. a? Record the product code and DOT of the new LR H, (3391 tire: on the ((3345) claim form. TEE GOODYEAR TIRE RUBBER COMPANY PROD UCT SERWCE DEPARTMENT Case Document 82-3 Filed 09/02/08 Page 29 of 39 PagelD 1070 - Record all consumer information on each train form. . Dealer MUST record Vehicle Indeu??ca?on Nmber (VIN) on 62.061 claim form- - Note in ?le Special Information section ?Monaco Coach Ride Changeover Program? - Return tires and claim forms to your resyecu?ve Product Service Center - Dealer: will receive acquisition cost on the new tires installed. TEE GOODYEAR 6?2. RUBBER COMPANY PRODUCT SERVICE LDwUrwin)?00098 ?Case Document 82-3 Filed 09/02/08 Page 30 of 39 PagelD 1071 FAILURE ANALYSIS OF A TREAD SEPARATION INCIDENT INVOLVING A GOODYEAR MEDIUM TRUCK RADIAL TIRE By Dennis Carlson, M.S.M.E., P.E. Professional Engineer and Tire Failure Analyst Member: Society of Automotive Engineers and The Rubber Division of the American Chemical Society January 4, 2008 My Project Number~3187-Irwin I. Failure analysis has been conducted concerning a Goodyear medium truck tire failure that occurred while being operated on a motor home. II. ACCIDENT SEQUENCE The subject vehicle experienced a tread separation on its front axle, precipitating the accident. mm The subject tire is a Goodyear G159 steel belted radial of size The DOT number is 270W 0702? indicating the tire was manufactured in the 7th week of 2002 at Goodyear?s Danville, VA plant. The subject tire is rated to carry 6610 at 125 psi in a single con?guration. The subject tire carcass and attached ?ap of tread and outer belt were examined along with the subject wheel. Also reviewed were photos of the accident scene and the accident vehicle. I have also reviewed documents produced by Goodyear and depositions of Goodyear employees taken in other cases. These documents and depositions have not been produced in this case. The subject tire had a three and one half belt construction which was pioneered by Michelin in the 1960?s and is still common today. Belt number one, numbered from the carcass to the tread, was a split transition belt with a 65 degree right lay. The split transition gives the ?one-half? to the descriptive name. The second belt, sometimes called the ?rst working belt, was a full width belt with an approximately 22 degree right lay. The third belt or second working belt was a full width belt with an approximately 22 degree left lay. The fourth belt or protector belt was a small 22 degree belt with a right lay. As is usual with this structure, the belt number two is the widest belt with belt three being approximately 10'20 mm narrower to give an adequate step EXHIBIT Case Document 82-3 Filed 09/02/08 Page 31 of 39 PagelD 1072 As part of my investigation of these tires, I have obtained several exemplar tires which have been sectioned and analyzed. These tires include a G159, - like the subject tire, a G670 RV and a 159-A tire of a different size. I have been involved with several other Goodyear G159 tire failures which have occurred on TIRE POSITIQEAL REFERENCE For purposes of identi?cation, tire examiners use a clock face to designate regions on the tire. Twelve o?clock is set at the DOT number and this side of the tire is designated the serial number side (SN). The opposite side uses a reversed clock face and is designated the opposite serial side (088). A reversed clock face is used so that adjacent sides of the tire will have the same clock designation. SERIAL NUMBER SIDE OPPOSITE SERIAL SIDE (use) SERIAL NO. 9 3 6 6 EXAMINATION The subject tire failed by a tread separation and a belt to belt separation. The failed surface of the belt structures remaining on the carcass showed many signs of a classic, premature tread-belt separation caused by manufacturing and design defects. There were very smooth rubber surfaces at the t0p of the skim stock of belts three and four. The initial failure occurred between the top belts and the tread rubber. There was also a fatigue failure between belts two and three indicated by a crescent- shaped zone. There was no reversion of the rubber products. The detached tread and outer belt piece mirrored much of the evidence seen on the carcass. ?Case Document 82-3 Filed 09/02/08 Page 32 of 39 PagelD 1073 VI. TIRE MANUFACTURE There are four main stages of tire manufacture! rubber mixing, component assembly, tire assembly and curing. (Reference 1, 2). A. Rubber Mg' There can be many different rubber compounds in a tire. For example, the rubber compound used for the tread must have different properties from the other compounds. (References 3 4). Each of the rubber compounds goes through a mixing process where additives are added at different points. Tests are conducted which are used to check the compounds at this stage. The rubber is in the ?green,? uncured stage at this point. It is soft and sticky and has little strength. There is a time limit for most compounds from the time of mixing to its curing in the ?nished tire. (Reference 1). B. Component Assembly A tire is constructed from several different rubber compounds, steel wire formed into bead grommets and into cords for the tread belts and polyester cords for some carcass plies. Rubber components requiring complex shapes such as the sidewall, tread and ?llers are extruded. Extruders are essentially pumps that force the green rubber through a shaped hole to produce extended of material of the de?ned cross?sectional shape. (References 1 2) Rubber components which are ?at such as the innerliner and the skim stocks are formed by rolling between two parallel rollers. This process is called calendaring. (Reference 1). Steel belts are made from wires that are coated with brass to greatly improve their adhesion to rubber. They are then twisted with other wires to form cords. Many cords are laid parallel and then, in one process, pressed between two sheets of skim stock rubber to form sheets of the steel belt assembly. This assembly is cut and reassembled to facilitate the manufacturing process and to conform to the tire design requirements. (References 1, 5, 6, 7). The components are transported through the factory by conveyors made of an open weave fabric or by placing them on plastic sheets with tCase Document 82-3 Filed 09/02/08 Page 33 of 39 PagelD 1074 a surface pattern. The open weave fabric and patterned plastic are used so that the green rubber does not stick to these carriers. The pattern of the plastic and fabric transfer to the tacky, uncured rubber surface. (Reference 1 8). C. Tires are assembled on an expandable drum-like machine. The components are laid on the rotatable drum. The tire at this time has a cylindrical appearance instead of a donut-like shape. The innerliner, beads, bead ?ller, sidewalls, chaffers and protectors, if used, and belt ?llers are assembled at this time. The tire is then conformed to a more tire-like shape for the assembly of the steel tread belts and tread rubber. (References 1 2). At the end of this process, the tire still in the ?green? or uncured state. The tire is held together by the stickiness of the green rubber. It is weakly bonded, and therefore, the tire must be carefully handled. D. ,Cu__ring The green tire is placed into a mold where the tire is cured. The curing mold or curing press subjects the tire to high temperatures and pressures for a Speci?ed time. During this process, the tread design, sidewall markings and other surface features are molded into the tire and the rubber is cured or vulcanized into its cured state. (Reference 4). During the curing, all of the rubber compounds adjacent to each other form chemical bonds with each other, the steel belts and plies adhere to the surrounding rubber and the rubber Compounds change chemically. It is intended that all interfacial discontinuities between the components of the tire be eliminated in this process. Before curing, rubbers are soft, sticky and relatively weak. Afterwards, they have strength, ?exibility and elasticity without surface tackiness. VII- Tires are designed to carry a vertical load, to develop traction for cornering, braking and acceleration and to cushion the vehicle ride, among other requirements. Tires carry the load primarily by the internal air pressure. The-structural stiffness of the sidewall of an unin?ated radial tire is only equivalent to that of a few psi of in?ation pressure. Ease Document 82-3 Filed 09/02/08 Page 34 of 39 PagelD 1075 A tire carries a load that is directly proportional to its in?ation pressure. This relationship is speci?ed in the load-in?ation tables found in the Tire and Rim Association (TRA) Yearbooks, tire manufacturers? yearbooks and many other trade publications. (References 9 10). In fact, tire companies know that their tires are frequently subject to underin?ation in highway use and build a safety factor of approximately 20% into their tires over the published load-in?ation tables. (Reference 11). Tires are also rated for speed. Passenger tires are rated for maximum speed but the tire companies do not recommend sustained running at or below these maximums. (Reference 12). Tires have three main units: the tread, the sidewall and the bead. Some of the functions of the tread are designed to provide traction for cornering, braking and acceleration, puncture protection and vehicle handling. The structural elements of the tread are the body ply and the steel belts. The edge of the steel belts is the most critical area of a steel belted radial. (Reference 17). The edge of the steel belts is the most critical area of a steel belted radial tire because they are located at a hinge point at the junction between the very still tread/steel belt structure and the ?exible radial sidewalls. There can be very high stresses in this area. Several design measures are available in order to reduce the stresses concentrated in this vulnerable area. These include: 1. The tread belts are usually arranged to be of differing widths so the edges of the belts are not adjacent to each other. This causes the ?exing and the associated stresses at the belt edges to be Spread over a larger area. 2. Layers of extra skim stock rubber are laid near the edges of the belts to provide mere cushioning and adherence at the belt edges. 3. Belt fillers are used between the edge of the bottom belt and the carcass ply. This is usually a triangular shaped section of rubber used to stiffen and mitigate the hinge effect in this region. 4. Nylon belts, at a 0? orientation to the median equator of the tire tread which can be used to overlie the belt edges. Specially treated nylon which contracts with increased temperature is employed to reduce the adverse in?uence of manufacturing defects, high speed use, high 0ase Document 82-3 Filed 09/02/08 Page 35 of 39 PagelD 1076 operating temperatures or other conditions which promote separations. (References 13, 14 21). Other design components have been found to severely affect tread and outer belt separations as well. 1. The adhesion between the steel and the rubber was a critical factor in the early radials. Most manufacturers have learned to control the wire drawing operation and the creel room operation as well as found the proper additives that promote good adhesion. However, careless manufacturing and controls can still cause this failure. Wire design also played an important part in this problem. 2. The deterioration of the skim stock or other materials can be reduced by additives which reduce this degradation, by good inner liner materials, and by designs which minimize the internal running temperatures of the tires. The sidewall constrains the air pressure, withstands the ?exing under use and occasional impacts with curbs, etc. The sidewall is very ?exible and is composed structurally of the body ply and the sidewall rubber. The head region?s main purpose is to anchor the body ply, resist in?ation pressures and seal air pressure with the rim. The head region consists mainly of the bead wires, the ply turn-ups and the chaffers and protectors, if used (Ref. 4). An important part of the tire that is found in all three areas is the inner liner. The inner liner is the ?tube? of a tubeless tire. Made of a special rubber that is relatively impermeable to gaseous diffusion, it not only keeps the tire from de?ating but can extend the life of the tire by reducing the migration of oxygen and moisture into the internal tire structure. TIRE FAILURE MODES 1. MATERIAL FAILURE MODES Materials fail because the stress on the material is too large for the strength of the material or because the strength of the material is too low for the applied stress. A corollary to these cases is when the material starts out strong enough but weakens with use, age or corrosion to the point where it fails. The mode of failure for tires is the same mechanisms that other structures fail. These modes of failure include overload, fatigue, defects and corrosion. Overload is a failure from a onetime event. In tires this would be equivalent to a blow out due to an imp act with a curb or sharp road hazard. Fatigue is a repetitive stress failure requiring often hundreds of thousands or millions of stress-cycles before failure occurs. Corrosion failures occur usually because the material is weakened with time to a point where its strength is insuf?cient to withstand the applied stress. Defects in the material hasten the Onset of any of these failure modes. (Ease Document 82-3 Filed 09/02/08 Page 36 of 39 PagelD 1077 Tires, like other structures, can fail by overload. This is the case where a single catastrophic event, such as rolling over a large piece of metal in the road, cuts the tire and it fails. That is, the materials are subjected to a one-time stress that exceeds their strength (Refs. 4,15). Tires can also fail by fatigue or repetitive stress failures. Separations are primarily a fatigue failure. Theses failures may take many millions of stress cycles (tire rotations) to cause a failure. A typical size truck tire rotates 500 times per mile, so a tire with 40,000 miles would have 20 million rotations or cycles. This is neither uncommon nor unexpected. Truck tires are designed to last from 100,000 to 250,000 miles in their ?rst life and to be recapped two times. This can easily cause a substantial portion of a billion stress cycles. Tire designers design for these conditions. Fatigue failures in most materials follow three stages. In the ?rst stage, the material ?exes without visible e?ect, but the material is weakening. This is sometimes called the embryo stage. In the second stage, a crack forms and propagates. In the third stage, the material fails in the ?nal portion by fracture (Refs. 4,15). Tires that fail by separation on the highway do so in the same three stages. The tire may operate for an extended period in the ?rst stage, usually 2 or three years. In the second stage, the separation forms and propagates. In the third, the tread and belt(s) are thrown from the carcass. The ?rst stage lasts two years or more, the second stage lasts a couple of thousand miles, while the last stage occurs over a hundred feet or so. One aspect of the fatigue failures of tires that is particularly troublesome is that the tire materials normally deteriorate or age adversely affecting their fatigue properties. The fatigue life of the body of the tire should be much greater in miles than the tread wear life. The preferred reason for removing a tire is that the tread wears out, not that the body fails, which is a very serious event (Ref. 18). Truck tires are designed for multiple retreads so their bodies have a fatigue life that is many times greater than the life of the tread (Refs. 10, 16, 17). Tire manufacturing defects cause and accelerate the failure process so that the tire fails much sooner (Refs. 15, 16,17,19,22). Strict quality control decreases the rate of this process of deterioration, as also do certain design safety measures (Refs. 14,19). Any type of manufacturing defect that reduces the initial strength of the components or their bonding to each other will reduce the fatigue life of the tire. Many different manufacturing or design defects can cause the tire body to fail before the tread wears out (Refs. 8,19). Tires can also fail by corrosion. The wire in the steel belts is particularly vulnerable to corrosion that will affect its adhesion to the adjacent rubber. The wire cord design can drastically affect the durability of the carcass. All tires that are run under normal conditions ?heat up? as they are run. This is normal and expected. Rubber has a characteristic called hysteresis, which causes the rubber to generate heat as it is ?exed?the more ?exing the more heat. Temperature effects are and should be considered by the tire designer. The tire internal temperature also rises with increased ambient temperatures. This also accounted for by competent tire designers. (Ease Document 82-3 Filed 09/02/08 Page 37 of 39 PagelD 1078 2. TIRE TREAD AND OUTER BELT SEPARATIONS. A tread and outer belt separation in steel belted radials usually starts as a tiny crack at the edge of the outer belt (Ref. 28). The cracks start at the end of the belts because ends of the belt wire are not coated with brass and therefore have Virtually no bonding to the adjacent rubber and because the belt edge is an area of high stress. The belt wire ends have virtually no adherence because the wires are cut during manufacture after begin coated with brass. The predominant mechanism to bond steel wire to rubber is the brass-sulfur mechanism. Steel by itself has practically no adherence to normal rubbers. To cause a bond, the steel is coated with brass (copper and zinc). The skim stock rubber has free sulfur mixed in it, and during vulcanizing, the sulfur combines with the copper and zinc of the brass, causing a bond. The belt wires have to be cut to size before being assembled into a tire. This cutting leaves the ends of the wire with uncoated steel. Therefore, a small separation at each of the ends of the wires is ?built-into? the tire (Ref. 16 and 28). The high stress is caused by the hinge point effect at the end of the belts. The transition from a relatively stiff steel belt to a relatively ?exible carcass produces a natural hinge point and stress concentration. Consequently, internal temperature measurements will show that this region is the hottest part of a running tire. As discussed in another part of this paper, designers have reduced this hinge point and the subsequent high stresses e?'ect by the use of stepped belts, cushions, nylon overlays and wedges. Once the radial tire develops belt edge cracks, the crack will proceed inward through the rubber of the wedge or skim stock, the rubber layers? interface or at the rubber- steel interface. Photographs in Ford?s Root Cause Report and Govindjee?s Report show this progression, while an article written by Dick Baumgardner in a 1985 Retreader?s Journal describes this ure mechanism in detail as does the DOT study. This crack progresses circumferentially around the tire and laterally across the tread until the circumferential force of the tread and outer belt overcomes the remaining areas of adhesion and the tread and outer belt separate. The tread and outer belt separation is the most serious failure mode of the steel belted radial tire. Because of the stress concentrations and subsequent high internal temperatures at the edge of the belt, this area is particularly sensitive to manufacturing, design and material problems. Another fact also contributes to this effect. Most every steel belted radial today uses the brass-sulfur method of making the steel belts adhere to the rubber. The steel wire is coated with bras in manufacture. The rubber adjacent to this steel (called the skim stock) has extra sulfur mixed in it. During the curing process, the sulfur combines with the brass to create a bond. However, the belts are cut during manufacture. These cut ends do not have brass and cannot have a strong bond. Cut tire analyses by Govindjee, Baumgardner, Dr. Milner and this engineer show that tread and outer belt separations almost always begin at the edge of the number two belt. They then progress toward the center of the tire at the interface of the wire and the rubber, the (Ease Document 82-3 Filed 09/02/08 Page 38 of 39 PagelD 1079 rubber to rubber interface between the wedge and skim stock or within the rubber of the skim stock or wedge. IX. DISCUSSION A tire depends on the adhesion between its components and the strength of the components to withstand the normal stress it experiences in use. Each piece of rubber must bond to its neighbor during curing, and each wire in the belts or plies must bond to the adjacent rubber. (Reference 3). When this process is not completely accomplished, premature failures will occur during normal usage. The subject tire had a separation in the tread belt system which caused the catastrophic failure of the tire. The bond between the tread rubber and the outer belt failed because there was insuf?cient adhesion in the skim coat rubber to withstand the expected use of the tire. The failure was caused by poor adhesion between the layers of the skim coat and the tread rubber. This is the same failure I have found in all of the G159 tires to date. There are no indications of under-in?ation, impact or high-speed use. The Goodyear G-159 was not designed for constant on-the-road usage. Cut tire sections show that the G-159 tire has a very unusual carcass ply pro?le in the tread region and a very deep tread depth. This pro?le would likely put too much curvature into the belt package. This would necessarily increase the inter-ply stresses and reduce the endurance of the tire. The deep tread would make the tire run too hot in an on-the-road application such as on a motor home vehicle. The G-159 was designed for an urban truck which would be a hugely different application from a motor home. The tire cut of the G159 also shows a severe manufacturing defect in that the belts where of center. I have not yet determined if the subject tire has a similar condition. Zero degree nylon belts were ?rst used on radials in the 1960s. They are commonly used in passenger and light truck tires today. (References 13, 14 21). There have been several medium truck tires including a Goodyear which use either nylon or steel to reinforce the shoulders. These belts reduce the incidence of separations dramatically. I have discussed my failure analysis with other tire failure experts, and they agree with my methodology, analysis and conclusions. (Ease Document82?3 Filed 09/02/08 Page 39 of 39 PagelD 1080 X. CONCLUSIONS Based on my multiple examinations and failure analysis of the tire carcass, detached tread and steel belt, my engineering knowledge and education, my experience as a tire designer and tire testing and failure analyst, I have reached the following conclusionsi A. The subject Goodyear truck radial tire failed after low service mileage during its original tread life as a result of complete separation of the tread from the top belts and an inter-ply separation between the tread belts two and three. B. Separation resulted from manufacturing and design defects, including areas in which insuf?cient bonding had been achieved during manufacture of the tire. C. The subject G159 Goodyear tire was defective in design for use on a recreational vehicle. D. The subject tire was defectively designed because the manufacturer did not employ 0 degree nylon belts to mitigate the known prepensity of steel belt radial tires to fail by belt edge separation in the presence of foreseeable manufacturing defects. E. The subject tire exhibits no evidence of pre-accident road hazard, or impact damage, overheating or over-de?ected sidewall damage due to under-in?ation or overloading. F. The tire failure caused the loss of vehicle control that resulted in fatal injuries. Dennis Carlson, RE. 10