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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.