Klusko v. Gaine-Murfit Chevrolet, Inc.

23 Pa. D. & C.2d 433, 1960 Pa. Dist. & Cnty. Dec. LEXIS 215
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedAugust 29, 1960
Docketno. 167
StatusPublished

This text of 23 Pa. D. & C.2d 433 (Klusko v. Gaine-Murfit Chevrolet, Inc.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Klusko v. Gaine-Murfit Chevrolet, Inc., 23 Pa. D. & C.2d 433, 1960 Pa. Dist. & Cnty. Dec. LEXIS 215 (Pa. Super. Ct. 1960).

Opinion

Satterthwaite, J.,

Plaintiff, injured by the explosion of a truck tire rim assembly, has brought this trespass action to recover damages therefor from defendant, the employer of the mechanic who at the time of the accident was in the process of, or had substantially completed, the repair of the tire at plaintiff’s request. The case was tried by jury, and a verdict was rendered in plaintiff’s favor in the amount of $16,960.05. The matter is presently before the court on defendant’s respective motions for judgment n. o. v. and for a new trial which raise questions of the sufficiency of the evidence of negligence on the part of defendant’s employe, of causation, of plaintiff’s contributory negligence, of rulings on evidence and instructions to the jury on matters of damages and of excessiveness of the verdict.

The relevant, and largely undisputed, factual background of the accident may be briefly summarized as follows: Plaintiff, a truck driver for a firm at Mc-Adoo, was operating a tractor-trailer through Bucks County en route to Beverly, N. J., with a load of coal. At Newtown he developed tire trouble and stopped at defendant’s place of business to have it repaired, defendant being the owner-operator of an automobile dealership or agency with appurtenant repair garage and service station facilities. Forsythe, the employe assigned to do the work on the tire by defendant’s officer in charge, removed the deflated 10:00 by 20 wheel from the vehicle, took it inside defendant’s garage building, removed the tire and tube from the rim assembly, replaced the tube with a new one with plaintiff’s approval, reassembled the tube, tire and rim components, and had partially reinflated the same with an air hose to about 50 pounds pressure when [435]*435he was called away from the repair area to pump gasoline for a customer in another part of the premises. Plaintiff, who had been standing by in the garage while Forsythe worked on the tire, waited some 10 or 15 minutes for the latter’s return, and then, apparently becoming impatient with the delay and intending himself to complete the reinstallation of the tire on the trailer, placed the tire upright from its position on the garage floor and applied a pressure gauge to ascertain whether it was fully inflated. As he did so, the rim assembly exploded or violently came apart, and one or more of the parts thereof were forcibly propelled against his person, causing injuries to his face, mouth and both knees.

It is clear from the evidence that the explosion did not occur by reason of any failure of the casing or tire proper which was undamaged and in good condition both before and after the event and, in fact, was later put back into active use. Although the new inner tube was found to be shredded and torn after the explosion, it is also clear from the record that this condition was the result, and not the cause, of the abrupt release of the rim components and that the explosion undoubtedly occurred by reason of the failure of the latter to remain locked in position as designed and intended. The reason or occasion for the latter consequence constituted the major source of conflict at the trial on the issues of negligence and contributory negligence.

The heavy steel rim assembly, apparently the type generally in use for trucks and other large vehicles, consisted of three parts: the large rim proper, the bead ring and the lock ring. The rim proper, cylindrical in shape, projected completely through the tire opening; one end was flanged to retain and confine one of the beads or reinforced inner portion of one of the sidewalls of the tire. The bead ring was placed over the other end of the large rim proper as it ex[436]*436tended through the tire; it served as the other flange to hold the other bead of the tire in proper position. The lock ring, which was a simple narrow flat circle of steel, cut transversely at one point to permit flexibility for insertion into place, secured the bead ring in position on the large rim proper against the outward pressure of the inflated tire and tube by being set into a groove in the large rim and projecting therefrom over or outside a corresponding groove or recess in the bead ring. In view of the fact that air pressure in a tire such as the one in question was maintained at 75 pounds per square inch, it is not difficult to appreciate the tremendous forces which the fully inflated tire exerted against the bead and lock rings, and the obvious potential of dire consequences which would result if they failed to perform their retaining function as intended. All the witnesses who testified relative to the subject recognized the possibility of danger in the repair of such tires.

Plaintiff’s position at the trial fundamentally was that the circumstances of the accident, particularly when considered in light of the opinions of an expert and long-experienced tire repair man who testified on his behalf, were sufficient to permit the jury to conclude that the explosion was due to Forsythe’s negligent and careless assembly of the rim component, particularly the lock ring, or his unattentive failure to discover and remedy defects in the condition of such components, which necessarily would have been reasonably apparent in the course of the repair process.

Plaintiff’s expert, Ralph N. Lewis, who had been in the tire business for 25 years and had assembled or changed hundreds of tires on rims of the type in question, testified at length on the function of the various parts of the rim assembly and the manner in which he and others in the business operated to guarantee against explosions such as that which formed the sub[437]*437ject of this litigation. He testified that before reassembling the tire, tube and rim parts, he would inspect the latter to ascertain the good condition thereof and the freedom of the groove in the large rim from foreign matter so that the lock ring would fit properly therein. He would then place the tire and tube on the large rim, fit the bead ring and lock ring in position, tap the latter with a hammer to insure that it was properly seated, insert a small amount of air pressure to exert a slight outward force against the bead and lock rings and hold the beads of the tire in place, again tap the lock ring with a hammer and inspect it closely to see that it be firmly and evenly secured in its groove, and finally complete inflation to the requisite high pressure.

Lewis expressed the categoric and unqualified opinion that if the lock ring be properly seated, and remained properly seated through the early stages of inflation, a condition which could readily and safely be ascertained at that stage by close visual inspection of the assembly in general, and, particularly, of the lock ring, then it would be physically impossible for the ring components to come apart under pressure, and that even under gross overinflation or other mishandling, the tire proper would be the first to fail or burst and the rim assembly itself would remain intact. Defendant’s two experts of like qualification and experience did not seriously differ with Lewis’ objective statements of the function of the various parts of the rim assembly for such tires or the procedure in the reassembling thereof, although one of them indicated that tapping of the lock ring with a hammer might, in itself, cause the ring to be dislodged and was, therefore, not good practice. They did differ, however, with Lewis’ opinion that, if properly assembled, the rim assembly could not come apart under pressure. Their position was that no matter how care[438]

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Bluebook (online)
23 Pa. D. & C.2d 433, 1960 Pa. Dist. & Cnty. Dec. LEXIS 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klusko-v-gaine-murfit-chevrolet-inc-pactcomplbucks-1960.