Hacker v. Rector

JOHN W. OLIVER, District Judge.

This case pends on defendant Goodrich’s motion to dismiss. That motion will be denied for the reasons we now state.

Plaintiffs, both “guest passengers” in a car owned and driven by defendant Rector, have sued both that defendant and defendant Goodrich as the manufacturer of an allegedly defective tire.

Defendant’s motion to dismiss is based on the theory that plaintiffs, as guests in the automobile owned and operated by defendant Rector, may not maintain their actions against defendant Goodrich because of lack of privity, or, stating its theory in different words,…