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MINEER v. ATLAS TIRE CO.

2 CA-CV 89-0192.

167 Ariz. 315 (1990)

806 P.2d 904

William Edward MINEER and Cheri Mineer, husband and wife, Lonnie Sowell and Durline Phillips, Plaintiffs/Appellees/Cross-Appellants, v. ATLAS TIRE COMPANY, a corporation, Defendant/Cross-Appellee, Chevron U.S.A., a corporation, Keeler's Chevron, Inc., a corporation, Firestone Tire and Rubber Company, a corporation, Defendants/Appellants.

Court of Appeals of Arizona, Division 2, Department A.

As Corrected October 18, 1990.

Review Denied March 19, 1991.

Attorney(s) appearing for the Case

Goldberg & Osborne by John E. Osborne, Tucson, for plaintiffs/appellees/cross-appellants.

Fennemore Craig by Timothy Berg, Graeme Hancock and Keith L. Hendricks, Phoenix, for defendant/appellant Firestone Tire and Rubber Co. and defendant/cross-appellee Atlas Tire Co.

Teilborg, Sanders & Parks by Bradley R. Jardine and Rick N. Bryson, Phoenix, for defendant/appellant Keeler's Chevron, Inc.

Rutan & Tucker by Marshall M. Pearlman, Philip M. Prince, and Matthew K. Ross, Costa Mesa, Cal., for defendant/appellant Chevron U.S.A.

OPINION

LIVERMORE, Presiding Judge.

Plaintiff William Mineer was seriously injured when, while inflating a brand new tire after mounting it, the tire blew over the rim. The cause of the accident was a defect in the metal wire imbedded in the tire designed to provide a seal between the tire and the rim. In a strict liability products case, the sole issue tried was whether this defect existed when the tire was acquired at retail or whether it was due to the...

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