William D. McHann v. The Firestone Tire and Rubber Company

WISDOM, Circuit Judge:

This case involves the explosion of a Firestone tire which seriously injured the plaintiff-appellant, William McHann, and a tire mechanic, Mark Ivy. The jury rejected McHann’s contention that manufacturing defects in the tire caused the explosion. We reverse the judgment that was in Firestone’s favor and remand the case. We conclude that the district court erred in instructing the jury that Mark Ivy was negligent as a matter of law and in admitting in evidence a covenant not to sue between McHann and Ivy’s employer.

I

On August 7, 1978, McHann purchased a Firestone…