Sochanski, Stanley J. v. Sears, Roebuck and Co., the Goodyear Tire & Rubber Co. v. John F. Solomon, Jr., Palmer Tire Company, Geneva Metal Wheels Co

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Stanley Sochanski brought suit in the federal district court under diversity jurisdiction alleging that he had been injured while repairing a defective tire of a garden cart sold by Sears, Roebuck & Co. (Sears). A jury awarded damages to Sochanski but the district court granted a motion for judgment n.o.v. stating that Sochanski had not met the burden of proof which Pennsylvania law required to prove that the tire was defective. We disagree and will reverse so that judgment may be entered for the plaintiff.

I

Sochanski was injured…