In the latest episode of the ongoing battle over Firestone Wilderness AT tyres’ role in Ford Explorer rollover accidents in the US, the tyre company’s attorneys have argued that marijuana – and not defective tyres – caused one of the victims to crash her SUV.
In the latest episode of the ongoing battle over Firestone Wilderness AT tyres’ role in Ford Explorer rollover accidents in the US, the tyre company’s attorneys have argued that marijuana – and not defective tyres – caused one of the victims to crash her SUV.
Bridgestone/Firestone told a Texas court on Thursday that the effects of using marijuana, commonly known as dagga in South Africa, and fatigue caused a June 1999 auto rollover accident that left a college student unable to walk or talk.
But counsel for the plaintiff, 22-year-old Erin Brunner, said there was no doubt that poorly designed and manufactured Firestone Wilderness AT tyres caused the Explorer in which she was riding to flip over.
Brunner, of Wisconsin, was hurled out of the SUV (which was towing a U-Haul trailer) when the accident occurred in West Texas. Lesley Milberger, 23, owned the Explorer and suffered a broken back and fractured skull. Sally Kowalik, 23, of Minnesota, was driving at the time of the crash and was less seriously injured.
The plaintiffs’ attorneys are seeking more than R790 million in damages from Bridgestone/Firestone. At the end of opening arguments, Matagorda County District Judge Craig Estlinbaum said he would rule on Friday on a motion for a mistrial because of possible breaches of an order limiting testimony on the use of marijuana during a 2,4-km road trip that Brunner and two friends took from California to Texas.
"This ended the meaningful life of Erin Brunner," her attorney Mikal Watts told the jury.
In turn, Bridgestone/Firestone attorney Morgan Copeland said the tyres had played no role in the accident and that any damage to them was caused by the Explorer rolling over two or three times.
Copeland said the accident was a result of the three women’s decision to make the long trip without overnight stops, Kowalik’s use of marijuana and the Explorer travelling well in excess of the maximum speed of 72 km/h stipulated by U-Haul for vehicles towing its trailers.
"Kowalik was impaired by fatigue and marijuana use and failed to follow safety regulations," he said.
Tab Turner, Kowalik’s attorney, said she had smoked part of a marijuana cigarette a few hours before the accident, but that it had not affected her driving. The defendants had mentioned it only to prejudice the jury against her.
Both Bridgestone/Firestone and Ford have reached out-of-court settlements in hundreds of personal injury trials following similar accidents involving Explorers fitted with Firestone tyres. Ford settled the Brunner case last year.
Federal regulators have linked tread separation on Firestone Wilderness AT, ATX and ATX II tyres, mostly fitted to Ford Explorers, with rollover accidents that caused 271 deaths and more than 800 injuries.
Firestone recalled 6,5 million of the tyres in August 2000 and Ford voluntarily recalled another 13 million of them in May 2001. To date, the Brunner case is only the second against Bridgestone/Firestone that has gone to trial.
