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
/s/ David R. Tippetts
David R. Tippetts
Dated: September 27, 2016
4834-1952-3385, v. 3
-5-
EXHIBIT A