T. J. Theis v. Goodyear in Its Assumed or Common Name Including the Goodyear Tire Rubber Company

Opinion

ACCEPTED 03-16-00266-CV 12931122 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/27/2016 3:32:40 PM JEFFREY D. KYLE CLERK

No. 03-16-0266-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS In the 9/27/2016 3:32:40 PM Court of Appeals for the JEFFREY D. KYLE Clerk Third District of Texas ________________________________

T.J. THEIS

Appellant v.

WAL-MART IN ITS ASSUMED OR COMMON NAME, INCLUDING WAL-MART STORES TEXAS LLC; AND GOODYEAR IN ITS ASSUMED OR COMMON NAME, INCLUDING THE GOODYEAR TIRE & RUBBER COMPANY

Appellee ________________________________

On Appeal from the 126th Judicial District Court, Travis County, Texas Trial Cause No. D-1-GN-10-00151 ________________________________

GOODYEAR’S UNOPPOSED MOTION TO RELEASE A COPY OF REPORTER’S RECORD VOLUME 9 TO GOODYEAR ________________________________

TO THE HONORABLE COURT OF APPEALS:

Appellee The Goodyear Tire & Rubber Company, pursuant to Texas Rule of

Appellate Procedure 10.1, files this motion to release a copy of Reporter’s Record

Volume 9 to Goodyear and would respectfully show the Court as follows:

-1- Plaintiff’s lawsuit arises from a single-vehicle crash near Cameron, Milam

County, Texas. At trial, Plaintiff’s tire expert, William Woehrle, testified

Goodyear defectively manufactured the crash-vehicle’s tire, and the resulting loss

of tire pressure caused the driver to lose control. Following Woehrle’s testimony,

the trial court directed a verdict for Goodyear and stuck Woehrle’s opinions.

Plaintiff appealed.

During his testimony, Woehrle referenced confidential Goodyear documents

now contained in Reporter’s Record Volume 9. To protect Goodyear’s

confidential materials,1 the trial court sealed Volume 9. RR Vol. 1, at 9-11; CR

192; Ex. A. On appeal, this Court designated Volume 9 as “view only.”

The purpose of this motion is to request a narrow exception to the Court’s

“view-only” designation. Goodyear’s Houston-based counsel cannot copy Volume

9—which includes materials pertinent to its response brief—for use outside the

courthouse. These strictures hinder Goodyear’s ability to fully and properly brief

the issues raised by Plaintiff/Appellant in his brief.

Goodyear and its counsel appreciate this Court’s (and the trial court’s)

treatment of Goodyear’s confidential materials. If the Court grants this motion,

Goodyear’s counsel will—of course—continue to maintain the confidentiality of

1 Volume 9 does not include any materials designed “Confidential” by Plaintiff/Appellant.

-2- Goodyear’s materials and abide by the trial court’s order governing confidential

materials. CR 19-29.

PRAYER Goodyear asks this Court to direct the Clerk of the Court to release a copy of

Reporter’s Record Volume 9 to Goodyear’s counsel. In addition, Goodyear prays

for any other relief to which it is entitled.

Respectfully Submitted:

By: /s/ David R. Tippetts David R. Tippetts State Bar No. 20065250 david.tippetts@wtllaw.com Matthew E. Coveler State Bar No. 24012462 matthew.coveler@wtllaw.com Thad K. Jenks State Bar No. 24007441 thad.jenks@wtllaw.com Weinstein Tippetts & Little LLP 7500 San Felipe, Ste. 500 Houston, Texas 77063 Telephone: 713.244.0800 Facsimile: 713.244.0801

ATTORNEYS FOR APPELLEE THE GOODYEAR TIRE & RUBBER COMPANY

-3- RULE 10.1(a)(5) CERTIFICATION Pursuant to Rule 10.1(a)(5) of the Texas Rules of Appellate Procedure, I

hereby certify that before filing this motion on September 27, 2016, I provided

Appellant’s counsel of record by email a draft of the foregoing motion to release a

copy of Reporter’s Record Volume 9 to Goodyear. Appellant’s counsel indicated

he is unopposed to this motion.

/s/ David R. Tippetts David R. Tippetts

Dated: September 27, 2016

-4- CERTIFICATE OF SERVICE I certify that pursuant to Rule 9.5(e) of the Texas Rules of Appellate

Procedure, a true and correct copy of this motion was forwarded to the following

counsel of record through the electronic filing manager and by email:

Attorneys for Plaintiff Kyle Farrar Mark Bankston FARRAR & BALL, LLP 1010 Lamar, Suite 1600 Houston, Texas 77002

Dated: September 27, 2016 4834-1952-3385, v. 3

-5- EXHIBIT A