Lucas v. Firestone Tire & Rubber Co.

Lucas v. Firestone Tire & Rubber Co.

Opinion

 [*496]  BELL, Circuit Judge:

This appeal is from a summary judgment entered in favor of the defendant Firestone in a diversity suit for damages arising out of an accident allegedly caused by a defective tire. The cause of action is couched in terms of breach of an implied warranty that the tire was fit for its intended use. Fla.Stat. § 672.2-314, F.S.A.

The undisputed facts before the court at the time the summary judgment was granted were as follows. Plaintiff owned a GMC tractor-trailer. He purchased two new tires from a store owned by defendant and the tires were installed on the two front wheels of the tractor. On the next day, and after the tractor-trailer had been driven a distance of only some four hundred miles, one of the new tires suddenly deflated. Plaintiff testified by deposition that he could hear the noise of the air escaping from the tire. The tractor-trailer was being driven on a straight and level portion of an interstate highway at the time at a speed of 60 to 65 miles per hour. Plaintiff lost control of the vehicle [**2]  because, as he contended, of the tire deflating. The result was that the vehicle ran off the highway and crashed into an interstate highway sign.

Plaintiff stated that the tire did not hit an object on the highway prior to deflating. He also stated that he and a state patrolman immediately after the accident looked in vain for something on the highway which could have been hit by the tire.

The rub came into the case when plaintiff made the following admission:

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