Industry Backs Appeal In Goodyear Verdict

The chemical industry is asking the Nevada Supreme Court to reconsider its July decision to uphold a $32 million verdict against Goodyear Tire & Rubber in a product liability case. The state’s top court endorsed a jury trial’s judgment stemming from a 2004 incident in which a van rolled over, killing three people and injuring seven others. In court papers filed jointly with other business groups, the American Chemistry Council contends that the district court erred when it denied Goodyear an opportunity to present its defense and the judge instructed the jury to consider the company liable for damages. Judge Sally L. Loehrer ruled that the tire maker could not challenge its liability after finding that Goodyear stalled and obstructed the pretrial process. But ACC argues that Goodyear’s right to due process was violated. “Chemical companies are a frequent target in product liability litigation,” says ACC Deputy General Counsel Donald D. Evans. “This is a deeply troubling precedent for the chemical industry and the entire business community.”