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in the court of appeals of the state - Mississippi Supreme Court

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a mistake and that Kelly was a stand alone subsidiary which merged <strong>in</strong>to Goodyear. He told<br />

<strong>the</strong> trial <strong>court</strong> that he had corrected <strong>the</strong> <strong>in</strong>terrogatory answer.<br />

43. After hear<strong>in</strong>g <strong>the</strong> discovery problems and know<strong>in</strong>g that <strong>the</strong> trial was only days away,<br />

<strong>the</strong> trial judge ordered Goodyear to produce a complete copy <strong>of</strong> <strong>the</strong> Rob<strong>in</strong>son deposition to<br />

<strong>the</strong> Kirby pla<strong>in</strong>tiffs, who were ordered to keep <strong>the</strong> deposition under seal. The trial <strong>court</strong> also<br />

ordered that Goodyear produce five additional depositions or testimony <strong>of</strong> Goodyear<br />

personnel <strong>in</strong> o<strong>the</strong>r cases to be selected by <strong>the</strong> Kirby pla<strong>in</strong>tiffs. This was done on August 30,<br />

2006, and <strong>the</strong> trial was set for October 2006.<br />

44. Portions <strong>of</strong> Rob<strong>in</strong>son’s deposition comprised <strong>the</strong> first witness for <strong>the</strong> pla<strong>in</strong>tiffs. Prior<br />

to <strong>the</strong> pla<strong>in</strong>tiffs’ attorney read<strong>in</strong>g <strong>the</strong> selected portions <strong>of</strong> <strong>the</strong> deposition, <strong>the</strong> trial <strong>court</strong> noted<br />

that <strong>the</strong> defendants reserved <strong>the</strong>ir objections as to admissibility and relevancy. The<br />

defendants’ attorney was also allowed to read to <strong>the</strong> jury from <strong>the</strong> deposition. While <strong>the</strong> bulk<br />

<strong>of</strong> Rob<strong>in</strong>son’s deposition was about load range E tires which are light-duty truck tires,<br />

Rob<strong>in</strong>son also testified that he had experience with passenger tires as a chief eng<strong>in</strong>eer for<br />

Goodyear. In 1995 he said Goodyear restructured its development department and put<br />

passenger tire design <strong>in</strong> which he worked and light truck tire design <strong>in</strong>to one department.<br />

He said that he was on a tread-throw committee from 1996 until 2001 that was primarily<br />

look<strong>in</strong>g at problems with light truck tires, but he said that he had seen tread-throw problems<br />

<strong>in</strong> o<strong>the</strong>r tires as tread separation had always been a concern <strong>of</strong> Goodyear.<br />

45. The o<strong>the</strong>r evidence to which Goodyear objected was a document styled “Problem<br />

26

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