Armstrong Rubber Co. v. Urquidez

Automotive Proving Grounds, Inc. (Automotive) owned and operated a tire-testing facility and contracted to provide testing facilities to Armstrong Rubber Company (Armstrong) (defendant). Clemente Urquidez was a test driver for Automotive. Urquidez was performing a standard test on a tractor/trailer rig owned by Armstrong when the tractor’s front left tire blew out. The truck overturned, and Urquidez was killed. The tire that blew out was manufactured by Armstrong as a non-interest spare, which means it was mounted to the test truck along with the tires being tested but was not being tested itself. Armstrong had never sold the tire; it was new when Automotive received it and was of the same design and manufacture as tires Armstrong regularly manufactured and sold. Urquidez’s widow and son, Conrada Urquidez and Clemente Urquidez, Jr. (the Urquidezes) (plaintiffs) sued Armstrong, alleging that Armstrong was strictly liable as the seller of a tire that was defectively designed and manufactured. The jury found for the Urquidezes. The Texas Court of Civil Appeals affirmed, emphasizing that Armstrong regularly sold tires of the same design and manufacture as the non-interest spare in regular channels of commerce and Urquidez was not employed to test non-interest spares. On appeal, Armstrong argued that the tire was provided for the industrial purpose of testing other tires and was neither manufactured for market nor placed in the stream of commerce.