Lvucuaci 1X wanes, Ul Electronically Filed T. Hays, Deputy 1/8/2018 1:12:00 PM Filing ID 8980046 David L. Kurtz - 007433 dkurtz@kurtzlaw.com THE KURTZ LAW FIRM 7420 East Pinnacle Peak Road, Suite 128 Scottsdale, Arizona 85255 Telephone: (480) 585-1900 Attorneys for Plaintiffs IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA ESTATE OF LEROY DONNA HAEGER, individually and as personal representative of the Estate of LeRoy OF ACTION BY NHTSA Plaintiffs, VS. THE GOODYEAR TIRE RUBBER (?Signed t0 the Honorable COMPANY, an Ohio corporation; 30?" FENNEMORE CRAIG, P.C., an Arizona professional corporation; ROETZEL ANDRESS, a legal professional association; GRAEME BASIL DEBORAH OKEY, Defendants. Goodyear provided notice to the Court that on December 28, 2017, NHTSA opened a defect investigation regarding the 6159 arising out of public safety issues related to the perfOrmance of the Goodyear 6159 tire. NHTSA explained the delay: As a result of a court order authorizing the release of Goodyear records, NHTSA obtained claim and complaint The number of these claims suggests that the failures may stem from a safety related defect the data produced in litigation was sealed under protective orders precluding claimants from submitting it to NHTSA. The Court should note that NHTSA estimates the population of these tires utilized on motorhomes as 40,000. From 2006 through 2016, Goodyear represented it could not identify what portion of the 160,683 G159s was sold for motorhome use. (See Haegers? Supplemental Statement of Facts ?led January 9, 2017, p. 5, 1] 13(e), Haeger?MCSC\PIeadings\Resp To Not 0f Action.Doc p. 10, 1] 37.) This new public revelation by NHTSA reveals the staggering failure statistics. Publicly available documents show 626 claims of property damage rising from G159 failures (see GY-HAEGER006220-006244, Exhibit 1). That same document reveals 26 injury and/or death claims settled outside of litigation. Prior ?lings with the Court have revealed an estimated 98 death and/or injury claims arising out of G159 failures105, 11340, p. 119, 453, 454, 456.) Attached as Exhibit 2 is the information relating to the Firestone recall which reveals that those tires which were recalled had an average claim failure rate of 202 parts per million. (Exhibit 2 at Table 5.) The worst performing Firestone tire which was recalled had a parts per million claim failure rate of 700. Attached as Exhibit 3 is Goodyear?s communication with Ford Motor Company relating to claims arising from Goodyear?s Wrangler tires. These were the same tires used on Ford Explorers during the same time period as the Firestone tires which were the subject of the recall. Goodyear produced approximately 2.6 million of these tires. It had four (4) property damage claims. Little more needs to be said. The 6159 has 626 publicly disclosed damage claims arising out of an estimated 40,000 tires utilized on motorhomes. Goodyear?s Wrangler tire had one claim per 700,000 tires manufactured and sold for use on Ford Explorers. The failure rate of the G159 (based on the 626 publicly disclosed claims out of 40,000 tires) is 15, 650.1 That represents a catastrophic failure on one of every 64 6159 tires used on motorhomes. This means that 1 out of 10 motorhomes using the G159 experienced a failure resulting in a claim for property damage, injury or death. 1 Con?dentiality claims relating to subsequently disclosed claims arising out of G159 failures precludes a more precise calculation. Resp To GY's Not or Action - 2 - DATED this 8th day of January, 2018. THE KURTZ LAW FIRM By: David L. Kurtz David L. Kurtz 7420 East Pinnacle Peak Road, Suite 128 Scottsdale, AZ 85255 Attorney for Plaintiff ORIGINAL ELECTRONICALLY FILED with the Clerk of the Court and COPY delivered via ECF System this 8th day of January, 2018 to: Honorable John R. Hannah, Jr. MARICOPA COUNTY SUPERIOR COURT Northeast Judicial District 18380 North 40th Street Phoenix, AZ 85032 COPY provided via the Courts e-?ling system this same date to: Kerryn L. Holman, Esquire kerrvn.holman@sauireob.com SQUIRE BOGGS (US) LLP 1 East Washington Street, Suite 2700 Phoenix, AZ 85004-2556 Attorneys for Defendant The Goodyear Tire Rubber Company James M. Brogan, Esquire James.brogan@dlapiger.com DLA Piper LLP (US) 1650 Market Street, Suite 4900 Philadelphia, PA 19103-7300 Attorneys for Defendant The Goodyear Tire Rubber Company Jill G. Okun, Esquire JOkun@porterwright.com PORTER WRIGHT MORRIS ARTHUR, LLP 950 Main Avenue, Suite 500 Cleveland, OH 44113- 7206 Attorneys for Defendant The Goodyear Tire Rubber Company Resp To Not Of Action - 3 - Susan M. Freeman, Esquire LEWIS ROCA ROTHGERBER CHRISTIE LLP Sfreeman@lrrc.com Jared L. Sutton, Esquire isutton@lrrc.com 201 East Washington Street, Suite 1200 Phoenix, AZ 85004-2595 Attorneys for Defendant The Goodyear Tire Rubber Company Lisa G. Lewallen, Esquire lewailenlaw@qmail.com LISA G. LEWALLEN, P.L.L.C. P. O. Box 33430 Phoenix, AZ 85067 Attorneys for Intervenor Spartan Chassis, Inc. Jennifer D. Bennett, Esquire jbennett@publicjustice.net PUBLIC JUSTICE, PC 555 12th Street, Suite 1230 Oakland, CA 94607 Attorneys for The Center for Auto Safety Richard P. Traulsen, Esquire BEGAM, MARKS TRAULSEN, P.A. 11201 North Tatum Boulevard, Suite 110 Phoenix, AZ 85028 Attorneys for The Center for Auto Safety By K. C. Rusbo/dt Resp To Not Of Action - 4