Not only does attorney Thomas Brown represent most of the victims of the deadly Sherman bus crash exactly a year ago, but he also successfully persuaded a jury to award more than $17 million for his other clients involved in the fatal Waco bus crash of 2003. This time around he's going after the bus company, the bus manufacturer, and he recently added on Bandag and Henise to the defendants list.
"In this accident we had 17 deaths and 38 injuries," said Brown. "The vast majority if not all would have been avoided had this bus been equipped with seat belts. The fact that this tire was retreaded and the manner in which it was retreaded is an area we have concerns about."
Bandag is a Bridgestone subsidiary that created the method of retreading tires. Their spokesman, Dan MacDonald told Channel 39 that Bandag does not believe it is liable for the crash.
Henise is the company that sold the retreaded tire that blew out in the Sherman crash.
Brown says he does not agree with investigators' claim, released yesterday, that the retreaded tire had nothing to do with the accident. It's something MacDonald says Bandage knew all along.
Brown says the fact that it was a retread and was illegally placed in the front steering axle, made it vulnerable.
He also says although prosecutors could not find enough evidence to indict the driver, Barrett Broussard, with criminal charges, that doesn't mean he wasn't negligent, and could still be held civilly liable.
"The case is in the active investigation process," said Brown. "We are in the early stages of beginning to obtain the testimony to really be able to answer these questions to the extent they need to be addressed in the court of law."