Guenther v. Armstrong Rubber Co.
United States Court of Appeals for the Third Circuit
406 F.2d 1315 (3d Cir. 1969)
Relevant factsFree
Guenther (plaintiff), while adjusting a tire at work, was injured when it exploded, and he sued Armstrong Rubber (defendant) as the alleged manufacturer of the defective tire. A Sears service manager, Small, testified the tire he inspected was a "white wall" tire, while Guenther testified the tire he had been adjusting was a "black wall" tire; based on that discrepancy, the district court found Guenther had failed to properly identify the injuring tire and directed a verdict for Armstrong.
IssueFree
Whether it is proper to direct a verdict against a party based on a discrepancy between two witnesses over a minor detail identifying a key piece of evidence.