Legal Opinion
Sochanski v. Sears, Roebuck & Co.
Court of Appeals for the Third Circuit
Decided September 21, 1982No. Nos. 82-1036, 82-1037PublishedCited by 26 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
In this products liability case, we must determine whether a pro rata release naming the manufacturer of a defective tire also discharges the retailer that sold the garden cart on which the tire was mounted. We conclude that, as to the tire manufacturer, the retailer is only secondarily liable. Therefore, unless another non-released primary tortfeasor is implicated, judgment should be entered for the retailer. The record, however, is unclear whether the wheel manufacturer also furnished a defective product and we remand for a determination of that…
2Cases cited19 opinions
- Builders Supply Co. v. McCabeSupreme Court of Pennsylvania · 1951
- Kuisis v. Baldwin-Lima-Hamilton Corp.Supreme Court of Pennsylvania · 1974
- Burbage v. Boiler Engineering & Supply Co.Supreme Court of Pennsylvania · 1969
- MacDougall v. Ford Motor Co.Superior Court of Pennsylvania · 1969
- Mack Trucks, Inc. v. Bendix-Westinghouse Automotive Air Brake Company v. Latrobe Die Castingcompany, Third-PartyCourt of Appeals for the Third Circuit · 1967
14 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Adams v. ArthurSupreme Court of Arkansas · 1998
- Repola v. Morbark Industries, Inc.Court of Appeals for the Third Circuit · 1992
- Gino's Pizza of East Hartford, Inc. v. KaplanSupreme Court of Connecticut · 1984
- Cooper Laboratories, Inc. v. International Surplus Lines Insurance CompanyCourt of Appeals for the Third Circuit · 1986
- Capone v. DonovanSupreme Court of Pennsylvania · 1984
21 more not listed; retrieve them via the Exa API.