Casetta

Casetta v. United States Rubber Co.

Good Law

1968 Cal. App. LEXIS 1919·260 Cal. App. 2d 792·67 Cal. Rptr. 645

Court of Appeal of CaliforniaApril 8, 1968Civ. 24119California10,110 words

Opinion

Sims, J.

—Plaintiff, a tire repairman, who was injured as a result of an explosion which occurred while he was mounting a new automobile tire on a rim, has appealed from a judgment in favor of the manufacturer and the distributor of the tire, entered following the granting of their motion for judgment notwithstanding a verdict which had awarded plaintiff SSS.SOO.

The issues as framed by the pretrial order were negligence of the defendants or either of them, contributory negligence of the plaintiff, breach of warranty by either defendant, proximate cause, and the injury and damages to the plaintiff. At the conclusion of the plaintiff’s ease, in connection with argument on a motion for nonsuit, it was recognized that the plaintiff had three theories: “one is the negligence of the manufacturer in the sale and distribution of the tire proximately resulting in injury and damage to this plaintiff . . . and the second, the breach of implied warranty of the tire and fitness . . . and the third one is strict liability in tort.” When the defendants moved for a directed verdict after all the evidence was in, the plaintiff advanced the additional theory that the defendants were negligent in not…

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Parties

RENATO J. CASETTA
Plaintiff
UNITED STATES RUBBER CO.
Defendant

Judges

Sims

Cites (60)

9 Cal. App. 2d 129
33 Cal. 2d 173
133 Cal. App. 418
99 Cal. App. 671
247 Cal. App. 2d 40
137 Cal. App. 2d 337
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232 Cal. App. 2d 500
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11 Cal. 2d 64
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129 Cal. App. 214
71 Cal. App. 752
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22 Cal. 2d 614
19 Cal. 2d 439
246 Cal. App. 2d 180
212 Cal. App. 2d 784
115 Cal. App. 2d 221
33 Cal. 2d 167
58 Cal. 2d 292
66 Cal. 2d 399
245 Cal. App. 2d 593
36 Cal. 2d 575
238 Cal. App. 2d 31
186 Cal. App. 2d 413
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74 Cal. App. 239
30 Cal. 2d 97
124 Cal. App. 2d 157
57 Cal. 2d 57
248 Cal. App. 2d 699
102 Cal. App. 2d 44
52 Cal. 2d 154