(CN) – A tire manufacturer lost its bid to limit the scope of discovery in a lawsuit accusing it of knowingly selling defective tires, causing a multi-passenger van crash in Utah that killed nine people and injured two others.
The van went off the road and rolled over several times, killing nine of 11 occupants. The two survivors suffered serious injuries.
The survivors and heirs of the crash victims sued Cooper Tire & Rubber Co., claiming the company knew, or should have known, that the tires were prone to tread separation.
Wanting to protect trade secrets, Cooper filed a motion for protection against a broad discovery order. Cooper asked that discovery be limited to a certain tire design and said the district court erred by not applying the proper standards for the production of its documents.
The 10th Circuit in Denver found that Cooper did not show a clear and indisputable right to a writ of mandamus and upheld the broad discovery order.
Any possible errors by the district court did not rise to the level of a gross abuse of discretion or usurpation of judicial power, the federal appeals court concluded.