Cummins v. Firestone Tire & Rubber Co.

HESTER, Judge:

The matter before us for review is an Order sustaining preliminary objections of three of the twenty appellees herein, Fruehauf Corporation (hereinafter “Fruehauf”), The Budd Company (hereinafter “Budd”), and The Heil Company (hereinafter “Heil”).

The issue is whether appellant, who cannot identify the particular manufacturer of the tire and rim assembly which allegedly caused his injury, or in fact the offending product itself, can maintain an action against those manufacturers who produced substantially all of the particular parts of the machinery.

Under the circumstances of…