Bendix-Westinghouse Automotive Air Brake Co. v. Swan Rubber Co.

Opinion

PARAS, J.

As aresult of injuries "sustained by plaintiffs when their automobile collided with a truck, plaintiffs filed suit against the truck driver and his employer, Trails Trucking Company, claiming negligence. On January 30, 1968, plaintiffs amended their complaint by adding San Jose Autocar White Company (hereinafter “Autocar”) as a third defendant. Autocar was sued on breach of warranty and products liability theories for allegedly installing a faulty air brake hose on the truck.

On Februaiy 5, 1968, Autocar filed a cross-complaint against Bendix-Westinghouse Automotive Air Brake…