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Products Liability Keyed Owen, 8th Ed.
Meyerhoff v. Michelin Tire Corp.
Citation:
852 F. Supp. 933 (1994)Facts
Kevin Meyerhoff was a truck driver employed by John Fischer. On March 10, 1989, Meyerhoff was killed while attempting to repair, reinflate, and remount a Michelin truck tire that had been purchased by Fischer on January 27, 1988. The tire exploded during the reinflation process. The plaintiffs, Kevin’s parents, filed a product liability action against Michelin, claiming that the company failed to adequately warn about the dangers of reinflating a tire that had been operated while underinflated. Specifically, they argued that Michelin should have placed a warning on the sidewall of the tire. At trial, plaintiffs presented expert testimony regarding the feasibility and adequacy of sidewall warnings. The jury found Michelin 11% at fault for failing to place a warning on the tire sidewall, Kevin Meyerhoff 14% at fault, J.W. Brewer Tire Company (the Michelin dealer) 10% at fault, and John Fischer (Meyerhoff’s employer) 65% at fault. The jury awarded total damages of $334,193.45, with judgment entered for plaintiffs in the amount of $36,761.28 (11% of the total).
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