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BRENDLE v. GENERAL TIRE & RUBBER COMPANY

No. 14328.

505 F.2d 243 (1974)

Mary Kate BRENDLE, Administratrix of the Estate of William Charles Brendle, Deceased, Appellant, v. The GENERAL TIRE AND RUBBER COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 18, 1974.

Attorney(s) appearing for the Case

John Haworth, High Point, N. C. (Charles E. Nichols and William G. Pfefferkorn, Winston-Salem, N. C., on brief), for appellant.

Beverly C. Moore, Greensboro, N. C. (Smith, Moore, Smith, Schell & Hunter, Greensboro, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, SOBELOFF, Senior Circuit Judge, and WIDENER, District Judge.

WIDENER, Circuit Judge:

This diversity case was brought by an Administratrix, a North Carolina resident, against The General Tire and Rubber Company (defendant), an Ohio corporation, alleging that a single truck wreck, in which the driver (her decedent) was killed, had been caused by the blowout of a defective tire manufactured by the defendant. The suit was based on two theories of recovery: negligent design and manufacture of the tire, and breach of implied warranty...

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