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McLAUGHLIN v. MICHELIN TIRE CORP.

No. 87-61.

778 P.2d 59 (1989)

Fred McLAUGHLIN, Appellant (Plaintiff), v. MICHELIN TIRE CORP., a New York corporation, and Cobre Tire, a division of Fletcher Enterprises, an Arizona corporation, Appellees (Defendants), Caterpillar Tractor Co., a California corporation; Wyoming Machinery Company, a Utah Corporation; Larry Largent; Larry McNabb; Robert Dernovich; Dennis Veeder; and Craig Paisley, Defendants.

Supreme Court of Wyoming.

July 12, 1989.

Attorney(s) appearing for the Case

Richard H. Honaker, Rock Springs, and W. Keith Goody, Jackson, for appellant.

Carl L. Lathrop, Lathrop & Uchner, P.C., Cheyenne, for appellee, Michelin Tire Corp.

William G. Walton, Cheyenne, for appellee, Cobre Tire.

Before CARDINE, C.J., THOMAS, URBIGKIT and MACY, JJ., and BROWN, J., Ret.

THOMAS, Justice.

In this case, the court is asked to address the several theories for imposing liability upon a manufacturer or seller of heavy equipment tires in the context of summary judgment. A critical question is whether there is any difference in the application of those several theories in the absence of an actual defect in the tires. We also address a collateral theory of independent negligence. The trial court entered a summary judgment in favor of Michelin...

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