Legal Opinion
West v. Goodyear Tire & Rubber Co.
District Court, S.D. New York
Decided July 22, 1997No. 92 Civ. 0938(RO)PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
OWEN, District Judge.
Plaintiff Ronald West 1 was injured in 1991 by an exploding tire when he mounted a 16” tire manufactured by defendant Goodyear Tire & Rubber Company (“Goodyear”) on a 16.5” wheel manufactured by defendant The Budd Company (“Budd”). Plaintiffs seek from each defendant $2,000,000 in compensatory damages and $5,000,000 in punitive dam ages. Defendants bring a motion in limine to strike plaintiffs’ claim for punitive damages which I will treat as a motion for summáry judgment pursuant to Rule 12(b). 2
West was the owner of a body shop which he operated…
2Cases cited14 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- John E. Johnson and H/w Ann Marie Johnson v. The Celotex Corporation, Owens-Illinois, Inc.Court of Appeals for the Second Circuit · 1990
- Sidney Roginsky v. Richardson-Merrell, Inc.Court of Appeals for the Second Circuit · 1967
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Gostkowski v. Roman Catholic Church of Sacred Hearts of Jesus & MaryNew York Court of Appeals · 1933
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3Cited by5 opinions
- Greenbaum v. Svenska Handelsbanken, NYDistrict Court, S.D. New York · 1997
- Time Warner Cable of New York City v. BarnesDistrict Court, S.D. New York · 1998
- Deere v. Goodyear Tire & Rubber Co.District Court, N.D. New York · 1997
- Bausenwein v. Snap-On IncorporatedDistrict Court, N.D. New York · 2021
- Giannotti v. Mercedes Benz U.S.A.Appellate Division of the Supreme Court of the State of New York · 2008