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Civil Procedure Keyed to Cound
Guenther v. Armstrong Rubber Co
Facts
After Plaintiff was injured, Mr. Small, the Sears Service Center Manager, had the tire which caused Plaintiff’s injuries removed to his office. Later, at trial, Plaintiff testified that the tire, which caused his injuries was a “black wall” tire. However, Mr. Small testified that the tire he removed and placed in his office was a “white wall” tire. Therefore, the district court granted a directed verdict in favor of Defendant.
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