Byron L. Smith and Opal Smith v. The Firestone Tire & Rubber Company and the Budd Company

ROSS, Circuit Judge.

Byron and Opal Smith appeal from an adverse jury verdict in this exploding tire rim case. For reversal, appellants argue that the district court erred in making certain evidentiary rulings and in failing to give a duty to recall instruction. For the reasons discussed below, we affirm the judgment of the district court. 1

I. Facts

This action arises from an accident which occurred on October 31, 1977. Appellant Byron Smith was employed by the City of Independence, Missouri, and was working as a mechanic at the city’s Central Garage. On the day of the accident Smith placed a…