RASTELLI v. GOODYEAR TIRE CO.


165 A.D.2d 111 (1991)

Francene Rastelli, as Administratrix of The Estate of John A. Wunderlich, Deceased, Respondent, v. Goodyear Tire & Rubber Company et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 14, 1991


Attorney(s) appearing for the Case

Gallagher & Gosseen (Alan D. Kaplan, James A. Gallagher and Edward M. O'Brien of counsel), for Goodyear Tire & Rubber Company, appellant.

Conway, Farrell, O'Conor, Curtin & Kelly, P. C. (Joseph H. Farrell of counsel), for The Budd Company, appellant.

Birbrower, Montalbano, Condon & Frank, P. C. (Susan Corcoran of counsel), for respondent.

MAHONEY, P. J., CASEY, MERCURE and HARVEY, JJ., concur.


LEVINE, J.

Plaintiff's decedent was killed while inflating a tire on his employer's Chevrolet dump truck when the multipiece tire rim upon which the tire was mounted suddenly and explosively separated and a piece of it struck him in the head. The rim assembly consisted of two pieces, a side ring and a rim base. The side ring was marked, inter alia, "Firestone, 20 × 6.0, RH5". The rim base contained...

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