Brock Ex Rel. Brock v. Goodman

OPINION

SUTIN, Judge.

This is an appeal from summary judgment granted defendants in a suit for wrongful death resulting from one vehicle accident.

We reverse.

The defendant Annie Goodman is not a party to this appeal.

The record supports the following:

On August 2, 1969, Tom Goodman, husband of Annie, purchased four new 6-ply tires from Sears which were manufactured by Armstrong. Sears put Goodman’s old tubes in the new tires mounted and installed the tires on Goodman’s 1969 Ford half-ton pickup, and then balanced the new tires. On August 5, 1969, decedent was riding in the pickup driven by Annie…