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12/22/2005 12:00:00 AM

Victory For Plaintiffs In Goodyear Product Liability Cases

Victory For Plaintiffs In Goodyear Product Liability Cases

DENVER (December 22, 2005) - The U.S. Court of Appeals for the Tenth Circuit upheld a previous judgment in favor of two plaintiffs represented by Holland & Hart earlier this week.

The claims against Goodyear related to Entran II hoses in home heating systems. Entran II, an orange rubber hose used in radiant heating and snow melting systems, was manufactured by Goodyear from 1998 to 1993. More than 25 million feet of the hose was installed in heating and snowmelt systems in North America.

In 2003, Chief Judge Babcock of the U.S. District Court for the District of Colorado awarded a total judgment of just less than $10 million in a single product liability case brought by Holland & Hart attorneys. In a separate case in 2004, a total judgment of more than $8 million was awarded. These two verdicts were the largest in the state in 2003 and 2004 respectively.

Goodyear appealed both cases. However, in an opinion released on Tuesday, the Tenth Circuit upheld the previous interest awards in both cases, providing a victory for the plaintiffs.

In addition, the court reinstated approximately $400,000 in damages Judge Babcock had formerly thrown out and added interest that will more than double both awards. The Tenth Circuit also ordered new trials for two other plaintiffs whose claims had been previously rejected by the judge or jury.

"Holland & Hart lawyers worked long and hard on these cases and, in the end, their diligence paid off," said lead trial lawyer, Bill Maywhort. "This is a tremendous win for the firm, but an even greater win for the affected homeowners."

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