Brief Fact Summary. Defendant attempted to pass Plaintiff as they were driving in their cars. Defendant’s tire exploded as they were alongside one another, causing a collision. Plaintiff sued Defendant for negligence.
Synopsis of Rule of Law. Drivers are required to know the condition of the parts of their vehicles that may become dangerous when their dangerous condition could be found through a reasonable inspection.
Issue. Was the trial court correct in refusing to grant Defendant’s motion for a judgment notwithstanding the verdict on the ground that he did not know his tires were in a dangerous state?
Held. Yes. The judgment was affirmed. The jury was qualified to determine that the tires were in a dangerous state and that Defendant was negligent in driving upon them.
In Klein v. Beeten the court stated: It is familiar knowledge that the blow-out of the tire of an automobile is a dangerous occurrence, the degree of danger of course depending upon the rate of speed, and, we apprehend, somewhat upon the character of the car.View Full Point of Law