Harper v. B & W Bandag Center, Inc.

On December 6, 1978, Roy Harper, Jr., was injured when a tire blew out on the truck he was operating, causing the vehicle to crash into an embankment. Harper brought this personal injury action against B & W Bandag Center, Inc. (Bandag), alleging that Bandag had improperly recapped the tire for Harper’s employer, Lone Star Industries, Inc.

A jury trial resulted in a verdict in favor of Bandag, and the trial court confirmed the verdict. The sole question presented on appeal is whether the trial court erred in refusing Harper’s Instruction No. 11, which would have told the jury:

The Court…