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History
and Current Status of Entran II Litigation Only two homeowner cases against
Goodyear have gone to trial. In the first, Vista Resorts v. Goodyear Tire &
Rubber Company, six Colorado homeowners recovered more than $22 million from
Goodyear. The jury awarded the homeowners nearly $5.8 in actual damages. The jury
also awarded punitive damages against Goodyear in the same amount. Because the
jury found that Goodyear had violated the Colorado Consumer Protection Act in
selling Entran II hose, the actual damages were tripled, resulting in a total
judgment of $22,666,598.51. Review a copy of the jury's
verdict form, and the actual judgment.
A
second trial for five additional homeowners began on April 15, 2002, in Arapahoe
County, Colorado. That particular case included both Goodyear and Heatway as defendants.
After a three-week trial, the jury again returned a verdict (total $3.2 million)
in favor of the homeowners. Significantly, this verdict included damages for the
diminished value of the property when the owners attempted to sell their homes
that once contained Entran II hose. The judgment included $2 million in damages
for the diminishment in the value of the homes even after Entran II was replaced. Trials
for more than 35 additional properties are currently scheduled to begin in early
2003 in Colorado federal court. There are also several class actions pending across
the country. Class actions have already been certified in Colorado and New Mexico.
Proposed class actions are also pending in the New England states (Connecticut,
Massachusetts, Maine, New Hampshire, Rhode Island, and Vermont) and New York.
A hearing regarding certification of the New England class will take place in
fall 2002. You
may be eligible to participate in a class action or file on an individual basis
to recover damages, including replacement costs and any diminishment in value
to your property caused by defective Entran II hose. Depending on the law of
your state, the statute of limitations on your claims may be running out, and
you should consult a legal advisor now on how you can preserve your legal rights. |  |