· 1/6/1988
John S. Marchant v. The Dayton Tire & Rubber Co.
Citations
- 836 F.2d 695
- 1988 U.S. App. LEXIS 34
- 1988 WL 174
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that compliance with industry standards “is not dispositive, and counsel may argue that industry standards can and should be more stringent”
- rejecting proposition that “plaintiff must prove that the alternative design was efficient on a cost/benefit basis”
- concluding “that a new trial on damages is appropriate”
- “[t]he alternative [design] need not be in fact available .... The . . . test is one of feasibility.” The “plaintiff’s case is not automatically defeated merely because the alternative design was not being used at the material time”
- unreasonable use of tire by over inflation
Source: CourtListener parenthetical corpus (CC0).
Judges: Coffin, Brown, Torruella
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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