[DOWNLOAD] "Mclaughlin v. Michelin Tire Corp." by Supreme Court of the United States ~ Book PDF Kindle ePub Free

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eBook details

• Title: Mclaughlin v. Michelin Tire Corp.
• Author : Supreme Court of the United States
• Release Date : January 12, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 105 KB

Description

In this case, the court is asked to address the several theories for imposing liability upon a manufacturer or seller of heavy equipment tires in the context of summary judgment. A critical question is whether there is any difference in the application of those several theories in the absence of an actual defect in the tires. We also address a collateral theory of independent negligence. The trial court entered a summary judgment in favor of Michelin Tire Corp. (Michelin) and Cobre Tire (Cobre) on the premise that there was no genuine issue of material fact, and these defendants were entitled to judgment as a matter of law. The trial court emphasized the failure of the plaintiff to produce any materials in opposition to the motion for summary judgment that raised an issue of fact as to whether there was any defect in the tires. We affirm the judgment of the district court on the theories of negligent manufacture and design, strict liability, breach of an implied warranty of merchantability, and breach of an express warranty. Because there do exist genuine issues of material fact, we reverse the summary judgment as to the theory of an implied warranty of fitness and as to the theory of independent negligence of Michelin and Cobre in not replacing the tires when they were not performing in a satisfactory manner.

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