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Tire class-action lawsuit moves to federal court

VIDEO Attorneys in Firestone class action lawsuit introduce the issues Play video (Real or Windows Media only) CNN's Charles Bierbauer looks at the liability and culpability issues in the tire failure incidents Play video (QuickTime, Real or Windows Media) CNN's Susan Candiotti reports on the shutdown Play video (QuickTime, Real or Windows Media)

ALSO Burden of Proof transcript: Lawsuits building against Ford and Bridgestone Ford details recall progress   MESSAGE BOARD What should government agencies do to improve product safety? Product safety/Firestone

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FORT MEYERS, Florida (CNN) -- Cutting short a state court hearing on recalled tires, Ford Motor Co. successfully moved a class-action lawsuit against itself and Bridgestone/Firestone to federal court Friday.

Ford filed a motion to remove the case to federal court shortly before the state court hearing was to take place, automatically moving the case to the federal level.

"I'm going to decline to take jurisdiction today," declared state Judge William McIver.

Marcus Viles, co-owner of the Viles Law Firm, said the Ford Motor Co. filed a 13-page motion on behalf of itself and Firestone.

No hearing date has been set for the federal court hearing. Viles said he and his law partner and wife, Mary Pat, still seek class-action certification and will argue that the removal to federal court was improper.

"The day of reckoning will come. It just won't come today," he said.

Robert Philobosian, former Los Angeles district attorney who is now in private practice, said seeking a move from state to federal courts and vice versa is not unusual. He said the federal judge in the Florida case has to decide whether to accept it.

Because Ford is based in Michigan and the lawsuit is being filed in Florida, Ford could argue that the case belongs in federal court on a legal principle known as diversity, Philobosian said. Additionally, Ford could argue that the case should be moved out of state court because the case potentially involves plaintiffs from more than one state.

Attorneys for Florida consumers filed the class-action suit to force a recall of all sizes of Firestone ATX, ATX II and Wilderness AT tires. The current Firestone recall only affects certain 15-inch tires in those models.

Michael Hausfeld, attorney for the proposed class, criticized Ford's action Friday. "You have two companies trying to prevent problems from coming to light," he said.

Hausfeld said he would present as witnesses two reliable tire experts who don't agree with the way Ford and Firestone are handling the recall.

Thursday, tire expert Max Nonnamaker appeared at a news conference to announce the class action, saying a manufacturing flaw at Firestone's Decatur, Illinois, plant meant all radial tires manufactured there should be recalled.

Plaintiffs attorney Mary Viles said the conduct of Ford and Firestone "has not made our families any safer." She called for immediate, court-supervised, emergency warnings to be sent to all owners of both 15- and 16-inch tires.

Viles described Nonnamaker as an expert who had consulted with Firestone on 225 cases, but Firestone spokesman Ken Fields said Nonnamaker had not testified on the company's behalf in at least 15 years.

Marcus Viles, another attorney for the plaintiffs, said the lawsuit contained documents that showed Ford had taken the Firestone tires off its Explorers in seven countries and replaced them with tires from another manufacturer, never telling U.S. consumers of the action.

Firestone has issued a nationwide recall for its 15-inch ATX, ATX II, and Wilderness AT tires. The National Highway Traffic Safety Administration has said it is investigating more than 60 traffic deaths which may be linked to the flawed tires.

CNN.com Correspondent Raju Chebium in Washington contributed to this report.

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Florida drivers may drop class action lawsuit
August 18, 2000
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Florida drivers want Firestone to replace tires immediately
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Firestone recall, plant come under fire
August 13, 2000

Center for Auto Safety
Bridgestone/Firestone
Ford Motor Company
National Highway Traffic Safety Administration

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