Uniroyal Goodrich Tire Co. v. Martinez

HECHT, Justice,

joined by ENOCH and BAKER, Justices, and by OWEN, Justice, in all but Part II, dissenting.

The Court’s revision of its opinion on rehearing requires a responsive revision in this dissent. The dissenting opinion issued July 3, 1998 is accordingly withdrawn, and this opinion substituted.

Having changed about a thousand tires in his life, Roberto Martinez admits he knew better than to lean over a tire while inflating it. Besides, he had seen the pietographic warning on the very tire he was changing which showed a worker being hurt by an exploding tire and warned: “NEVER stand, lean…