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Mohr v. B.F. Goodrich Rubber Co.

Decided: February 8, 1977.

ROBERT W. MOHR AND DOROTHY MOHR, HIS WIFE, PLAINTIFFS-APPELLANTS,
v.
B.F. GOODRICH RUBBER COMPANY, DEFENDANT-RESPONDENT



Lynch, Milmed and Antell.

Per Curiam

This is a product liability case wherein plaintiff Robert W. Mohr seeks damages for injuries suffered when a tire manufactured by defendant B.F. Goodrich Rubber Company (Goodrich) exploded while Mohr was mounting it on a rim. The central issue contested at the jury trial was whether the tire blew up because of a manufacturing defect in the bead*fn1 of the tire or because of the manner in which Mohr undertook to mount it. His wife Dorothy sued per quod.

The case was submitted to the jury on issues of (1) strict liability, (2) breach of warranty, (3) negligence and (4) contributory negligence on the part of plaintiff Mohr.

In response to special interrogatories the jury found that there was (1) no defect in the tire which was a proximate cause of the accident, and (2) no negligence in the manufacture of the tire which was a proximate cause, but (3)

contributory negligence on the part of Mohr which did proximately contribute to the cause of the accident. Judgment was thereupon entered in favor of defendant.

Plaintiffs moved for a judgment n.o.v. in their favor or, in the alternative, for a new trial. Both motions were denied. They now appeal. They contend that:

(1) They were entitled to a judgment n.o.v. on the issue of failure to warn;

(2) The judge erred in his jury charge;

(3) The interrogatories submitted to the jury did not encompass all the plaintiffs' theories of liability and therefore the final verdict cannot be sustained;

(4) The failure of the judge to dismiss or sever the case of Goodrich v. Barella (service station operator) was prejudicial;

(5) The excessive objections on the part of defendant's attorney were prejudicial;

(6) The judge erred in permitting cross-examination of plaintiffs' experts beyond the scope ...


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