Siva

Siva v. General Tire & Rubber Co.

Good Law
146 Cal. App. 3d 152·194 Cal. Rptr. 51·1983 Cal. App. LEXIS 2059
Court of Appeal of CaliforniaAugust 17, 1983Civ. No. 28002California2,745 words

Opinion

Lead Opinion

Wiener, J.

Michael Siva, an employee of General Tire Service Company (General), 1 was injured on the job. He successfully sued General on a manufacturer’s strict liability theory. General appeals from the judgment entered on the jury verdict awarding him compensatory and punitive damages, principally attacking the court’s ruling that workers’ compensation was not Siva’s exclusive remedy. General also argues strict liability does not apply and challenges the jury’s punitive damages award. We hold the court ruled correctly on the legal issues presented and substantial evidence supports the punitive damages award. We therefore affirm the judgment.

Factual and Procedural Background

General operated a San Diego retail outlet for selling and servicing tires. Competition in the San Diego tire market was heavy and in 1977 a General sales representative agreed to recap a heavy equipment tire originally manufactured by Allstate Tire & Rubber Company for San Diego Equipment Rentals, Inc.

*155 After receiving the tire in San Diego, General sent it to its Los Angeles plant to be recapped and retreaded. Both Siva’s and General’s experts testified the tire was inadequately recapped. General’s…

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