Brock Ex Rel. Brock v. Goodman

The plaintiff’s cause of action is predicated totally upon the existence of a defect in a tire. The majority state that there is not a “prima facie showing of no defect” and that “certainly a slight issue of fact remains.” They point to none and their statement is unsupported by the record. The facts they set out are too sparse for a fair appraisal and therefore must necessarily be supplemented. The Sears employee who installed the tires described the mounting procedure at length. He testified about feeling inside the tires, about putting them on a machine and about balancing them. He stated…