WBM clients are considering an appeal following a Jan. 15 federal grand jury decision in a class action lawsuit alleging that Goodyear Tire & Rubber’s hoses used for radiant heating were faulty.
The Colorado suit had alleged that the Entran 3 system suffers from design defects that have led parts of the hoses to become brittle and break, leading to water damages to property. The Entran 3 system is used to provide radiant floor heating and snowmelt systems. The systems were sold by a company called Heatway, which no longer exists, and uses rubber hose manufactured by Goodyear, the sole defendant in the class action. Goodyear manufactured the system between 1992 and 1996
The Colorado jury found that the plaintiffs had not presented enough evidence to demonstrate that the product is defective, Law360 reported.
Gary Mason, WBM partner, said he was disappointed by the verdict, but that an appeal would be considered. “We are concerned that certain instructions read to the jury may have unfairly influenced their decision,” he said.
Mason also noted that the verdict applies only to homes in Colorado, and that class actions are underway in New Mexico and New England. “Class Counsel is committed to continue to litigate this matter on behalf of our clients across the country until Goodyear takes responsibility for the problem,” he said.
The case is David Helmer et al. v. the Goodyear Tire & Rubber Co., case number 1:12-cv-00685, in the U.S. District Court for the District of Colorado.