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STALKER v. GOODYEAR TIRE AND RUBBER COMPANY

35 A.D.3d 1050 (2006)

826 N.Y.S.2d 794

BETTY STALKER, Individually and as Administrator of the Estate of GEORGE R. STALKER, Deceased, Plaintiff, v. GOODYEAR TIRE AND RUBBER COMPANY, Defendant and Third-Party Plaintiff-Respondent. RUA & SONS, INC., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

Decided December 21, 2006.

Crew III, J.

In or about 1998, decedent purchased a flatbed trailer from Ryder Truck Rental. In March 2001, decedent suffered fatal injuries when he attempted to inflate a tire on said trailer, which exploded due to failure of its sidewall. The tire in question had been manufactured by defendant in 1993 and had been retreaded by third-party defendant Rua & Sons, Inc. in 1996.

Decedent's spouse, individually and as administrator of decedent's estate, commenced...

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