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BRADLEY v. FIRESTONE TIRE AND RUBBER CO.

No. Civ. 82-5021.

590 F.Supp. 1177 (1984)

James W. BRADLEY and Thelma Bradley, Plaintiffs, v. FIRESTONE TIRE AND RUBBER COMPANY, an Ohio corporation; Firestone Steel Products Division, an Ohio corporation and wholly owned subsidiary foreign corporation owned by Defendant Firestone Tire and Rubber Company; Budd Company, a Pennsylvania corporation; Kelsey-Hayes Company, a Delaware corporation; Goodyear Tire & Rubber Company, an Ohio corporation; and Defendants A, B, and C Corporations or other legal entities who by the manufacture of the RH5° multipiece ring and rim caused the Plaintiffs severe and crippling injuries on March 20, 1979 whose true names are otherwise unknown at this time but will be added by way of amendment when ascertained, Defendants.

United States District Court, D. South Dakota, W.D.

August 21, 1984.

Attorney(s) appearing for the Case

James Robbennolt, Duncan, Olinger, Srstka, Lovald & Robbennolt, P.C., Pierre, S.D., for plaintiffs.

Stanley E. Siegel, Siegel, Barnett & Schutz, Aberdeen, S.D., for Firestone Tire & Rubber and Firestone Steel Products Div.

Robert C. Riter, Jr., Riter, Mayer, Hofer & Riter, Pierre, S.D., for Budd Co.

Thomas E. Simmons, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, S.D., and Harry J. Pearce, Pearce, Anderson & Durick, Bismarck, N.D., for Kelsey-Hayes Co.

David A. Gerdes, May, Adam, Gerdes & Thompson, Pierre, S.D., for Goodyear Tire and Rubber Co.

MEMORANDUM OPINION

BOGUE, Chief Judge.

The Plaintiffs have brought this products liability action seeking damages for injuries allegedly suffered by Mr. Bradley in an accident involving a multi-piece truck wheel. The action is brought against five named Defendants and Defendants A, B, and C corporations or other legal entities whose true names are otherwise unknown.

Each of the named Defendants has moved for summary judgment based on the admitted...

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