Robinson v. B.F. Goodrich Tire Co.

WIEAND, Judge:

In this products liability action to recover damages for injuries caused by an exploding tire, the jury returned a verdict in favor of the manufacturer and retailer of the tire. On appeal, the injured plaintiff contends that it was error for the trial court to give a jury instruction that he could be found to have voluntarily assumed the risk if he failed to use available safety measures. After careful review, we agree. Therefore, we reverse and remand for a new trial.

On September 14, 1988, John H. Robinson was inflating an automobile tire for a customer of the Wiltrout Oil Co.,…