Hector PACHECO; Maria Pacheco, Appellees, v. the COATS COMPANY, INC.; Hennessy Industries, Inc., Appellants
Court of Appeals for the Third Circuit
1DissentSeitz, Circuit Judge
I find myself in dissidence with the majority because, in my view, no defect in the design of the tire changer caused the injuries about which plaintiffs complain.
An exploding tire of unidentified origin shattered plaintiff Hector Pacheco’s left elbow as he removed the tire from a Coats Co. *42440-40 tire changer just after inflating it.1 The experts on both sides agreed that failure of the bottom bead of the tire caused the explosion.2 Plaintiffs’ experts testified that the table top was a “launching pad,” whereas the defendants’ expert described it as merely a “reaction surface.” Plaintiffs’…
2Cases cited14 opinions
- Erling David Larsen v. General Motors Corporation, a Delaware CorporationCourt of Appeals for the Eighth Circuit · 1968
- Azzarello v. Black Bros. Co., Inc.Supreme Court of Pennsylvania · 1978
- Huddell v. LevinCourt of Appeals for the Third Circuit · 1976
- Dambacher by Dambacher v. MallisSupreme Court of Pennsylvania · 1985
- Rastelli v. Goodyear Tire & Rubber Co.New York Court of Appeals · 1992
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