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ACHIN v. BEGG TIRE CENTER

No. 80-2207.

694 F.2d 226 (1982)

Virginia ACHIN, Individually, and as Personal Representative of the Estate of Devin Forrest Hughes, Deceased, and as Mother and Guardian of Scot Dobson, a Minor, Plaintiff-Appellant, v. BEGG TIRE CENTER, Westside Auto Parts, Inc., The Kelly-Springfield Tire Co., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 1, 1982.

Attorney(s) appearing for the Case

William G. Gilstrap of Smith, Ransom & Gilstrap, Albuquerque, N.M. (Richard E. Ransom, P.A., Albuquerque, N.M., with him on brief), for plaintiff-appellant.

Kathleen Davison Lebeck of Civerolo, Hansen & Wolf, P.A., Albuquerque, N.M. (Norman P. Weiss, Albuquerque, N.M., with her on brief), for defendant-appellee Begg Tire Center.

LeRoi Farlow of Farlow, Simone & Roberts, P.A., Albuquerque, N.M., for defendant-appellee Westside Auto Parts, Inc.

Travis R. Collier of Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, N.M. (Joseph J. Mullins, Albuquerque, N.M., with him on brief), for defendant-appellee Kelly-Springfield Tire Co.

Before SETH, Chief Judge, DOYLE, Circuit Judge, and TEMPLAR, District Judge.

SETH, Chief Judge.

Virginia Achin, in her own right and as representative of two minor children, appeals from an adverse jury verdict in a negligence and products liability action. Mrs. Achin and her two sons were passengers in a car driving through New Mexico when the tread on the left rear tire came off. The driver did not apply the brakes, but turned the wheel to the left, then the right, then sharply to the left again. The car went off the highway and overturned...

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