Ludis J. Cooper v. The Firestone Tire and Rubber Company, and the Budd Company, Ludis J. Cooper v. The Firestone Tire and Rubber Company
Opinion
Opinion
Browning, J.
Firestone Tire & Rubber Co. and The Budd Co. appeal from the district court’s denial of their motion for new trial or re-mittur. We affirm.
BACKGROUND
Ludís J. Cooper was injured in the course of his employment as a tire repairman when a multi-piece truck rim, known as the RH5 degree, explosively separated as he was servicing a wheel and tire. The injury required amputation of Cooper’s right hand and part of his right forearm and increased the risk of quadriplegia upon any subsequent trauma to his head or neck.
Cooper sued appellant Firestone, manufacturer of the RH5 degree, and appellant Budd, manufacturer of the mounting disc to which the RH5 degree was affixed. Federal jurisdiction was based upon diversity of citizenship. Cooper’s second amended complaint asserted negligence and strict liability based upon design and manufacturing defects and failure to warn, and sought punitive damages. The district court dismissed the strict liability and failure to warn claims prior to trial and granted a directed verdict on the manufacturing defect and punitive damages claims at the close of his case. The jury found in favor of Cooper on the remaining claim of negligent design. The jury…