Irene Pherson v. The Goodyear Tire & Rubber Company

On December 28, 1973, appellant brought suit against several defendants for personal injuries she sustained on July 4,1973. Jurisdiction was based on diversity of citizenship, and therefore California law is applicable. The action was tried before a jury in February 1977. The jury returned a verdict for defendant-appellee Goodyear Tire & Rubber Company. This appeal followed.

Appellant raises several issues on appeal. The most substantial issue is whether Barker v. Lull Engineering Co., 20 Cal.3d 413 , 143 Cal.Rptr. 225 , 573 P.2d 443 (1978), decided while this appeal was pending, mandates reversal of the judgment. After a close examination of the record, we affirm.

FACTS

Appellant was severely injured when the rear tire of the pickup truck she was riding in blew out. The driver lost control and the truck overturned. After the other defendants were dismissed, appellant proceeded against appellee on a theory of strict liability in tort.

The principal factual issue contested at the trial was what caused the tire to explode; the principal legal issue was whether the design of the tire was defective. Appellant’s case was premised on strict liability in tort. The evidence indicated…