Cooper Tires sanctioned for destroying documents

LITTLE ROCK, Ark, May 22 Reuters reported that a U.S. district court judge on Wednesday said two brothers suing Cooper Tire & Rubber Co. in a wrongful death and personal injury case could introduce evidence that the company had destroyed potentially damaging documents.

The brothers, Demario and Rashad Hervey, who survived the car crash that killed their parents and two siblings, had sought the sanctions against Cooper for destroying evidence that they said would be vital to their case.

A fatal crash in May 1998, left the brothers seriously injured and killed their parents, Scharlotte and Edward Hervey, as well as two siblings, and the driver of the other vehicle, Lane Whitaker.

U.S. District Court Judge George Howard Jr said he would allow the plaintiffs to inform the jury in the wrongful death case -- which centers on tire failure -- that documents were destroyed, and that the panel may infer that those documents would have been damaging to Cooper.

"The plaintiffs' initial discovery requests and the diligence with which plaintiffs pursued follow-up discovery should have confirmed the need of defendant to maintain and produce these records to plaintiffs," the judge in an order.

The judge also wrote "that defendant knew, or should have known, that these documents would become material, and, thus, should have been preserved."

Howard also ordered Cooper to pay the brothers' legal fees but declined their request that expert defense witnesses for Cooper be barred from testifying in the forthcoming wrongful death case as punishment for the document destruction.

SEEKING SUBSTANTIAL DAMAGES

A lawyer for the plaintiffs said he has not decided on a dollar amount sought for the wrongful death and personal injury trial that will begin on Tuesday in Helena, Arkansas, but it will be "substantial."

"This is a 'yeah day'," said James Swindoll, the lawyer for the brothers. "The corporation has been called to task and the plaintiffs are extremely pleased," he said.

Cooper said it plans to appeal the decision "at an appropriate time".

"Today's ruling merely reflects a legal dispute over discovery of documents which are not relevant to the merits of the personal injury lawsuit about to begin in Arkansas," Cooper Tire said in a statement.

"Cooper stands by its tires and is confident in the integrity, safety and durability of its products," it said.

Swindoll also said that the amount of compensation that he and other plaintiffs' attorney would seek as a result of today's order was not yet known.

"We are getting ready for trial and we can't even think about it right now. But it will be substantial," he said.

Lawyers for Findlay, Ohio-based Cooper had argued that two "rogue" employees destroyed company documents that may have been sought for the personal-injury lawsuit filed by the two brothers, who were severely injured in the crash, but no one in management told them to do so.

According to the lawsuit, the Herveys' 1984 Volvo was headed east on Interstate 40 near Brinkley, Arkansas, when the tread apparently separated from the right-rear tire. Their car then crashed into Whitaker's vehicle.