Author: James Ballidis Added: July 17, 2010
On August 11th, 2004, John Schalmo of Port Richey, Florida was driving westbound on State Road 8 in Chipley when suddenly the tread on the right-front tire of his motor home separated, causing him to lose control of the vehicle. The RV veered off the right side of the roadway and went hurtling across the exit ramp, finally crashing into a line of trees. This catastrophic accident—which left Schalmo and his wife’s parents seriously injured—was the result of a defect with the G159 RV tire that Goodyear blamed as misused and overloaded beyond their recommendations. Schalmo’s decision to seek the aid of a personal injury lawyer and take the company to court would finally expose the tire’s defect to the public. Originally designed for urban delivery trucks and speed-rated for only 65 miles per hour continuous use, the G159 was unequipped for RV use. On an RV, which typically travels at greater speeds for extended periods of time, the G159 was prone to overheat, causing the tire’s internal components to deteriorate, and ultimately resulting in tread belt detachment. This caused the Schalmo accident. Despite knowing that the G159 was unfit—and therefore dangerous—for motor homes, Goodyear marketed the tire to the RV industry throughout the 1990s and 2000s. The company even went so far as to increase the G159’s speed rating to 75 miles per an hour when speed limits increased nationwide in 1998. Not wanting to diminish its role in the RV market, Goodyear continued to reassure the public that the G159 was safe for RV use. Unfortunately there were subsequently two recalls and one Product Service Bulletin. The recalls, however, failed to identify the defect in the tire design, instead attributing inadequate load margin and customer misuse for accidents involving the tire. Although G159 tread separation accounted for as many as a dozen accidents resulting in serious injuries and deaths, the public remained unaware of the tire’s defective design. Goodyear quietly settled the cases in exchange for confidentiality. The Schalmo accident would change this. In Schalmo v. Goodyear, Christopher Roberts and Hugh Smith, each a personal injury lawyer at Smith, Fuller, and Roberts, P.A., presented internal heat and speed testing and failure rate data indicating that Goodyear knew or should have known the G159 was improperly approved for 75mph continuous highway use. Each personal injury lawyer argued that driving an RV fitted with G159s at this speed rate caused the tires to overheat and the tread to separate—which occurred in the Schalmo accident. The first G159 tire case to be resolved in a public trial resulted in one of the largest verdicts in Pasco County, Florida. Finding that the Goodyear Tire & Rubber Company had sold a defective tire marketed to recreational motor home manufacturers, even though the tire was not suitable for RV use, the jury awarded the Schalmos 5.6 million dollars. The family has expressed their hope that Goodyear will recall the tire. While Goodyear may be able to legally seal information on the G159 shown to the jury during the trial, permanent confidentiality is unlikely. The Florida Sunshine in Litigation Act prohibits a court from sealing corporate documents that would conceal a public hazard. Despite the admission by a Goodyear marketing communications manager that the G159 had not been developed for RV use in a 2006 Fleet Owner magazine article, Goodyear never recalled the G159. While the company replaced the G159 with a more robust tire specifically designed for motor home use, tens of thousands of defective tires remain on the road.
--- For more information on the Goodyear G159, visit http://www.safetyresearch.net. James Ballidis is a California Injury Lawyer and the author of several books about personal injury law. If you would like to request a copy of one of his books or are in need of free legal advice, feel free to call 866-981-5596.
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