MALINAK v. FIRESTONE TIRE & RUBBER COMPANY

No. 15401.

436 S.W.2d 210 (1968)

James K. MALINAK, Appellant, v. FIRESTONE TIRE & RUBBER COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied January 23, 1969.


Attorney(s) appearing for the Case

Steelman, Bray & Spradlin, J. Monty Bray, Houston, for appellant. W. James Kronzer, Houston, amicus curiae.

Robert J. Malinak, Philip J. John, Jr., Baker, Botts, Shepherd & Coates, Houston, of counsel, for appellee The Firestone Tire & Rubber Company.

Butler, Binion, Rice, Cook & Knapp, Steven C. Oaks, Richard M. DeGuerin, Houston, for appellee Luke Sanders Texaco Service Station.


COLEMAN, Justice.

This is a products liability case. At the conclusion of appellant's evidence on the issue of liability, the trial court withdrew the case from the jury and rendered a judgment for appellees.

The accident and resulting damage were caused by the failure of a new tire. There was evidence that the tire failure resulted from a separation of the bead from the body of the tire. There was evidence that after the tire was mounted on appellant's automobile...

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