Novak v. Continental Tire
This appeal follows a defense verdict in a case brought by a passenger in a vehicle who sustained serious injuries after a tire blowout and collision. The passenger, Alex Novak, brought an action against the tire manufacturer and the mechanic who had previously serviced the vehicle. Novak stated causes of action for strict product liability and negligence against the tire manufacturer for failing to provide a warning that tires degrade with age and should be replaced after about six years even if the tire shows good tread depth. Novak sued the mechanic for negligence in failing to warn about the danger of old tires when rotating the tires and performing other maintenance on the vehicle.
Following pretrial evidentiary rulings that excluded some of Novak’s evidence, the court granted the tire manufacturer’s motion for a nonsuit on the strict liability cause of action and the jury returned a defense verdict for both the manufacturer and the mechanic on the negligence cause of action. Plaintiff appeals, contending that he was prejudiced by both evidentiary and instructional errors. We agree that the court prejudicially erred in excluding relevant and admissible evidence and in refusing a jury instruction necessary to the jury’s fair consideration of the case, and shall therefore reverse the judgment.
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