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Products Liability Keyed Owen, 8th Ed.
McCarty v. E.J. Korvette, Inc.
Citation:
347 A.2d 253 (1975)Facts
On February 25, 1971, Frances McCarty purchased four tires manufactured by Denman Rubber Manufacturing Co. at Korvettes Tire & Auto Centers. The tires came with a written warranty against “all road hazards including stone bruises, impact bruises, blow out, tread separation, glass cuts and fabric breaks” for 36,000 miles. The warranty contained language purporting to limit the remedy to replacement of the tire and disclaiming liability for consequential damages. The tires were mounted on Mrs. McCarty’s 1965 station wagon, which was subsequently serviced with wheel balancing, front-end alignment, and brake checks. On June 14, 1971, while driving on Interstate 30 in Arkansas during a vacation trip, the McCartys experienced what they described as a “bang” or explosion from the right rear tire, causing the car to fishtail and ultimately roll over two and a half times. Both McCartys suffered personal injuries, and their car was damaged. The tires had been driven between 5,500 and 7,000 miles before the accident occurred. The McCartys sued the defendants for breach of warranty and negligence.
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