New York Court of Appeals
Francene Rastelli, as Administratrix of the Estate of John A. Wunderlich v. Goodyear Tire & Rubber Company
March 31, 199279 N.Y.2d 289
Summary
The New York Court of Appeals reversed the Appellate Division and granted Goodyear’s summary judgment motion, dismissing the plaintiff’s concerted action claim and duty‑to‑warn claim. The Court held that parallel industry activity does not satisfy the agreement element required for concerted action liability and that a tire manufacturer has no duty to warn about the dangers of a separate, defective rim product.