McLaughlin v. Michelin Tire Corp.

URBIGKIT, Justice,

specially concurring and dissenting.

I. STATUS OF CASE ON APPEAL

Following adverse summary judgment on a scraper driver’s lawsuit claiming serious physical injuries caused by improperly performing equipment tires, this court considers his dismissed claims asserting liability for:

1. negligent manufacture and design of the tire by the manufacturer (Michelin);1

*702(a). strict liability for injury producing performance of a faulty product (Michelin);

2(b). strict liability for injury producing performance of a faulty product (dealer/supplier Cobre Tire);

3(a). express warranty of the…