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SOCHANSKI v. SEARS, ROEBUCK & CO.

Nos. 82-1036, 82-1037.

689 F.2d 45 (1982)

Stanley J. SOCHANSKI, Appellant in No. 82-1036, v. SEARS, ROEBUCK AND COMPANY, Appellee and Cross-Appellant in No. 82-1037. and The GOODYEAR TIRE AND RUBBER CO. v. John F. SOLOMON, Jr., Palmer Tire Company, Geneva Metal Wheels Co.

United States Court of Appeals, Third Circuit.

Decided September 21, 1982.

Attorney(s) appearing for the Case

August J. Lacko (argued), Philadelphia, Pa., for appellant in No. 82-1036 and cross-appellee in No. 82-1037.

John J. O'Brien, Jr. (argued), Philadelphia, Pa., for appellee in No. 82-1036 and cross-appellant in No. 82-1037.

Before ALDISERT and WEIS, Circuit Judges and RE, Chief Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this products liability case, we must determine whether a pro rata release naming the manufacturer of a defective tire also discharges the retailer that sold the garden cart on which the tire was mounted. We conclude that, as to the tire manufacturer, the retailer is only secondarily liable. Therefore, unless another non-released primary tortfeasor is implicated, judgment should be entered for the retailer. The...

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