Hoover v. Montgomery Ward & Co., Inc.

This is a negligence and strict liability action in which the plaintiff seeks to recover from the retailer and installer of a tire for injuries suffered in an automobile accident. The trial court refused to submit the issue of strict liability to the jury, and the jury returned a verdict for the defendants on the issue of negligence. The plaintiff appeals.

In July 1971 plaintiff’s husband purchased four tires from defendant Montgomery Ward & Co., Incorporated. Two of these tires were mounted on the rear wheels, with the mounting included in the price of the tires. On November 16, 1971, the…