Guenther v. Armstrong Rubber Co.
United States Court of Appeals for the Third Circuit
406 F.2d 1315 (3d Cir. 1969)
Guenther (plaintiff) was an employee for Sears and was adjusting a tire when it exploded and threw him to the ground. Guenther brought suit against Armstrong Rubber Co. (Armstrong) (defendant), the alleged manufacturer of the defective tire. Robert Small, the Sears Service Center Manager where the accident occurred, testified that he inspected the defective tire and that the tire he inspected was a “white wall” tire. However, Guenther testified that the tire he was adjusting when it exploded was a “black wall” tire. The district court held that Guenther failed to properly indentify the tire that injured him and directed a verdict in favor of Armstrong. Guenther appealed.
Rule of Law
Holding and Reasoning (McLaughlin, J.)
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