Legal Opinion
James Markwell v. General Tire and Rubber Company
Court of Appeals for the Seventh Circuit
Decided September 29, 1966No. 15591PublishedCited by 31 opinions
1Opinion of the Court
CUMMINGS, Circuit Judge.
This diversity action is brought to recover damages for injuries suffered by the plaintiff in an automobile accident. The plaintiff asserts that the accident was caused by a defective front left tire manufactured by defendant. Count I is based on a breach of express warranty, Count II is based upon a breach of implied warranties, and the final Count attempts to impose “strict liability” upon defendant for manufacturing and selling an assertedly defective tire.
In June 1964, plaintiff was driving his Mercury sedan in Kentucky when it overturned, injuring him. According…
2Cases cited4 opinions
- Sylvester Hansen v. Firestone Tire and Rubber CompanyCourt of Appeals for the Sixth Circuit · 1960
- United States Rubber Company v. Eugene BauerCourt of Appeals for the Eighth Circuit · 1963
- Evansville American Legion Home Ass'n v. WhiteIndiana Supreme Court · 1958
- Ein v. Goodyear Tire and Rubber CompanyDistrict Court, N.D. Indiana · 1959
3Cited by31 opinions
- Gibbs v. General Motors CorporationTexas Supreme Court · 1970
- Charles E. Egger v. Harlan C. PhillipsCourt of Appeals for the Seventh Circuit · 1983
- Goodman v. Brock Ex Rel. Estate of BrockNew Mexico Supreme Court · 1972
- Doris R. Edwards, Etc., Cross-Appellant v. Sears, Roebuck and Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
- Betty v. Pace, as Administratrix of the Estate of Floyd J. Pace, Jr., Deceased v. Southern Express CompanyCourt of Appeals for the Seventh Circuit · 1969
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