Wiler

Plaintiffs appeal the adverse summary judgment on plaintiffs’ action seeking to impose liability for wrongful death on defendant Firestone Tire & Rubber Company (Firestone), on the ground of a defective tire.

Plaintiffs Judy Wiler and Wendy June Wiler filed an action seeking to recover damages for the alleged wrongful death of Gary Wiler, their husband and father, respectively. Gary was killed while he was driving on Highway 99 between Sacramento and Stockton.

The Ford automobile belonging to Gary was found in a ditch with a deflated tire and officials theorized that the vehicle left the road at a high rate of speed. An autopsy revealed Wiler’s blood alcohol concentration to be approximately .22 percent (ppm).

Subsequent to the accident, plaintiffs filed suit against numerous defendants, 1 including the owners of the bars who had served Wiler the *625 night of the accident, Ford Motor Company, and Firestone, who had manufactured the tire on the vehicle.

Insofar as Firestone was concerned, liability was asserted on the ground that the tire, a Firestone 500 radial, was defective. However, discovery revealed plaintiffs’ expert’s opinion to be that no defects were present…