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SMITH v. FIRESTONE TIRE & RUBBER CO.

No. 84-1005.

755 F.2d 129 (1985)

Byron L. SMITH and Opal Smith, Plaintiffs-Appellants, v. The FIRESTONE TIRE & RUBBER COMPANY and The Budd Company, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 20, 1985.

Attorney(s) appearing for the Case

John C. Niemeyer and Michael L. Noland of Foliart, Mills & Niemeyer, Linda G. Alexander of Linda G. Alexander, P.C., Oklahoma City, Okl., for defendant-appellee The Firestone Tire & Rubber Co.

Thomas J. Wheatley, Thomas P. Schult, Lathrop, Koontz, Righter, Clagett & Norquist, Kansas City, Mo., Frank S. Perkin, Jr., The Budd Co., Troy, Mich., for defendant-appellee The Budd Co.

Danny L. Curtis, Randy W. James, Risjord & Curtis, P.C., Joseph W. Amick, Ponick, Amick & Allen, Kansas City, Mo., for plaintiffs-appellants.

Before HEANEY and ROSS, Circuit Judges, and HENLEY, Senior Circuit Judge.

ROSS, Circuit Judge.

Byron and Opal Smith appeal from an adverse jury verdict in this exploding tire rim case. For reversal, appellants argue that the district court erred in making certain evidentiary rulings and in failing to give a duty to recall instruction. For the reasons discussed below, we affirm the judgment of the district court.1

I. Facts

This action arises from an accident which occurred on October 31, 1977...

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