RASTELLI v. GOODYEAR TIRE CO.


79 N.Y.2d 289 (1992)

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

Court of Appeals of the State of New York.

Decided March 31, 1992.


Attorney(s) appearing for the Case

Alan D. Kaplan, James A. Gallagher, Jr., and Edward M. O'Brien for appellant.

Susan Corcoran for respondent.

John Lawler Hash, of the North Carolina Bar, admitted pro hac vice, and Michael C. Hayer, of the Washington, D.C., Bar, admitted pro hac vice, for Association of Trial Lawyers of America, amicus curiae.

Sheila L. Birnbaum, Barbara Wrubel and Douglas W. Dunham for Product Liability Advisory Council, Inc., amicus curiae.

Daniel J. Popeo, Richard K. Willard, Thomas M. Barba, Thomas M. Koutsky and Paul D. Kamenar, of the Washington, D.C., Bar, admitted pro hac vice, for Washington Legal Foundation, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur.


HANCOCK, JR., J.

Plaintiff's decedent was killed while inflating a truck tire, manufactured by Goodyear, when the multipiece tire rim, not manufactured by Goodyear, separated explosively. The issues are whether (1) Goodyear may be subject to concerted action liability under the alleged facts in this product liability action and (2) Goodyear has a duty to warn against its nondefective tire being used with an allegedly...

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