MERCURIO v. DUNLOP, LTD.


77 A.D.2d 647 (1980)

Pasquale Mercurio, Individually and as Father and Natural Guardian of Steven H. Mercurio, et al., Appellants, v. Dunlop, Ltd., et al., Defendants and Third-Party Plaintiffs-Respondents, and Cousin's Foreign Tire Corp., Respondent. Rallye Motors, Inc., Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 28, 1980


Judgment reversed, on the law, and new trial granted as to all parties and causes, with costs to abide the event. Appeal from the order dismissed as academic.

The injured plaintiff, then an 18-year-old apprentice mechanic, lost the sight of his right eye when a tire he was attempting to mount on a rim exploded. As a result, he sued the tire manufacturer, its United States subsidiary and the wholesaler who supplied the tire to his employer. At the conclusion of the...

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