A recent Texas appellate case concerns a cement truck crash that resulted in the driver’s death. The plaintiffs in the case argued that the crash was due to a failure of the front tire on the truck. They sued the tire manufacturer as well as the company that owned the cement truck.
During discovery, they asked the manufacturer to produce certain tire building machines that were used to put the liner and steel belts into the tires. The manufacturer objected and argued, among other things, that it asked for data that was confidential or a trade secret.
The plaintiffs moved to compel production of the tire building machines in order to compel discovery filed by Goodyear. The manufacturer responded with its manager’s declaration that the tires in question had stopped being produced in 2010 and that none of the tires now being produced had the same specs as the subject tire.