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McELROY v. FIRESTONE TIRE & RUBBER CO.

No. 88-3238.

894 F.2d 1504 (1990)

Timothy McELROY, by his legal guardians, Thomas McELROY and Vivian McElroy, Plaintiffs-Appellants, v. The FIRESTONE TIRE & RUBBER COMPANY, a foreign corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 1, 1990.

Attorney(s) appearing for the Case

Thomas E. Whigham, Sanford, Fla., John C. Risjord and Randy W. James, John C. Risjord & Associates, P.C., Overland Park, Kan., Bernard Zimmerman, Orlando, Fla., for plaintiffs-appellants.

Rafael Martinez, Sanders, McEwan, Mims & Martinez, Orlando, Fla., Harvey Grossman, Los Angeles, Cal., Frances F. Prell, Colin Smith and William Turbeville, Burke, Bosselman & Weaver, Chicago, Ill., for defendant-appellee.

Before JOHNSON and ANDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

JOHNSON, Circuit Judge:

The plaintiffs appeal from an adverse judgment in this product liability suit brought under Florida law against the Firestone Tire & Rubber Company ("Firestone").

I. STATEMENT OF THE CASE

Timothy McElroy suffered a grievous accident on July 28, 1981, the day after his eighteenth birthday, while working for Altamonte Towing Service ("Altamonte"), a truck-towing company in Altamonte Springs, Florida. Altamonte had ordered...

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