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HART v. MAZDA MOTORS OF AMERICA, INC.

No. 75-2416. Summary Calendar.

521 F.2d 193 (1975)

Joseph H. HART, Jr., Plaintiff-Appellant, v. MAZDA MOTORS OF AMERICA, INC., Defendant-Appellee, American & Foreign Insurance Co., Intervenor.

United States Court of Appeals, Fifth Circuit.

October 16, 1975.

Attorney(s) appearing for the Case

Frank R. Jewell, David S. Kidder, Dallas, Tex., for plaintiff-appellant.

Robert A. Gwinn, Dallas, Tex., for defendant-appellee.

David S. Kidder, Dallas, Tex., for Intervenor.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

Hart, an automobile mechanic, was injured when the transmission that he was removing from a Mazda vehicle fell on him. Hooser, a district service manager for defendant Mazda distributor, had requested the removal and was present while Hart was working. Hart sued defendant on three theories: (1) distribution of an unreasonably dangerous product, (2) common law negligence and (3) discovered peril. The jury rejected Hart's first two theories. The district...

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