Legal Opinion

William C. Lucas v. Firestone Tire and Rubber Company

Court of Appeals for the Fifth Circuit

Decided April 17, 1972No. 71-3187PublishedCited by 7 opinions

1Opinion of the Court

BELL, Circuit Judge:

This appeal is from a summary judgment entered in favor of the defendant Firestone in a diversity suit for damages arising out of an accident allegedly caused by a defective tire. The cause of action is couched in terms of breach of an implied warranty that the tire was fit for its intended use. Fla.Stat. § 672.2-314, F.S.A.

The undisputed facts before the court at the time the summary judgment was granted were as follows. Plaintiff owned a GMC tractor-trailer. He purchased two new tires from a store owned by defendant and the tires were installed on the two front wheels of…

2Cases cited5 opinions

  1. John H. Freeman, Jr., D/B/A Freeman Electric Gin Company v. Continental Gin CompanyCourt of Appeals for the Fifth Circuit · 1967
  2. Alman Brothers Farms & Feed Mill, Inc. v. Diamond Laboratories, Inc., and Southwestern Laboratories, Inc.Court of Appeals for the Fifth Circuit · 1971
  3. C. H. Leavell & Company v. Board of Commissioners of the Port of New Orleans and Department of Highways, State of LouisianaCourt of Appeals for the Fifth Circuit · 1970
  4. E. H. Holcomb, Jr. v. Cessna Aircraft Company, and Continental Motors CorporationCourt of Appeals for the Fifth Circuit · 1971
  5. Vandercook and Son, Inc. v. George F. Thorpe, in His Own Right for the Use and Benefit of Reliance Insurance CompanyCourt of Appeals for the Fifth Circuit · 1968

3Cited by7 opinions

  1. Marjorie L. Golden v. Cox Furniture Manufacturing Company, Inc.Court of Appeals for the Fifth Circuit · 1982
  2. McCarty v. E. J. Korvette, Inc.Court of Special Appeals of Maryland · 1975
  3. Shurtleff v. Jay Tuft & Co.Utah Supreme Court · 1980
  4. MidAmerica C2L Incorporated v. Siemens Energy, Inc.Court of Appeals for the Eleventh Circuit · 2022
  5. Maas Bros., Inc. v. Vincent (In re Vincent)United States Bankruptcy Court, M.D. Florida · 1981

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