Raymond E. Bright v. The Goodyear Tire & Rubber Company

We affirm the decision of the District Court.

The sole issue appellant raises on appeal is whether the District Court erred in dismissing his first cause of action of his amended complaint against defendants under Rule 12(b) (6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief could be granted. Appellant alleged that the appellees were guilty of wanton, reckless and malicious misconduct in failing to withdraw from the market certain defective “polyglas” tires manufactured by the appellee Goodyear Tire and Rubber Company. He had lease-purchased a new automobile manufactured by the appellee Ford Motor Company which was equipped with new “polyglas” tires manufactured by Goodyear. Two of the tires subsequently proved to be defective and one was replaced by Goodyear. Apparently fearing for his safety, appellant purchased replacement tires at a cost of $257.33, and now seeks to recover this amount plus $6,000,000.00 in exemplary damages.

Since this case was removed to the District Court on the basis of diversity of citizenship, we are governed by the substantive law of the state of California. Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817 ,…