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MARSHALL v. PEREZ ARZUAGA

Nos. 86-1006, 86-1007.

828 F.2d 845 (1987)

John G. MARSHALL, et al., Plaintiffs, Appellees, v. Jose E. PEREZ ARZUAGA, et al., Defendants and Third-Party Plaintiffs, Appellees. Avis Rent-A-Car of Puerto Rico, Inc., Third-Party Defendant, Appellant. John G. MARSHALL, et al., Plaintiffs, Appellants, v. Jose E. PEREZ ARZUAGA, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

September 1, 1987.

Attorney(s) appearing for the Case

Charles A. Cordero with whom Cordero, Colon & Miranda, Old San Juan, P.R., was on brief, for Avis Rent-A-Car of Puerto Rico, Inc.

Herbert W. Brown, III with whom Peter J. Satz, and Calvesbert & Brown, San Juan, P.R., were on brief, for John G. Marshall.

Before CAMPBELL, Chief Judge, and TORRUELLA and SELYA, Circuit Judges.

LEVIN H. CAMPBELL, Chief Judge.

On August 23, 1982, John G. Marshall and his wife rented a 1982 Dodge Aries K from the Avis Rent-A-Car terminal located near the Luis Munoz Marin International Airport in San Juan, Puerto Rico. Marshall drove the vehicle without problem until August 27, 1982, when he hit a pothole, causing the right front tire to go flat. Marshall changed the tire with the "balloon" type spare, and subsequently returned to the Avis terminal for a replacement...

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