Sumerel v. Goodyear Tire & Rubber Company (pp. 394-396) The Parties:
The Parties in this case are Bob and Sallie Sumerel, Steven and Ann Berzin, Dane and Kerry Dicke, and Bart Kaufman and Good Year Tire & Rubber Company. Bob and Sallie Sumerel, Steven and Ann Berzin, Dane and Kerry Dicke, and Bart Kaufman are all the plaintiffs and appellants since they are suing and also appealing the decision. The Good Year Tire & Rubber Company is the defendant and the appellees since they are being sued and contesting the appeal. History of the case:
Bob and Sallie Sumerel, Steven and Ann Berzin, Dane and Kerry Dicke, and Bart Kaufman are suing Good Year due to a the defective manufactured hose that was installed in the plaintiffs’ heating systems in all their cars. Good Year feels they are not responsible for the “other cost and losses” the plaintiffs are claiming. The District Court decided in favor of the plaintiffs. Good year appeal the case and it was later over turned due to there not being a proper agreement on the amount to be paid. The facts
Good Year Tire & Rubber Company was found liable for the defective manufactured hose in the heating system of several families that were customers of theirs. The Plaintiffs were awarded 1.3 million in damages and “other cost and losses”. The Berzins and Dickes were awarded 48 percent for the “other cost and losses”. In addition to this, the Sumerels and Kaufmans were awarded 36 percent for the same issue. Good Year appeal the decision to pay “other cost and losses” to the Plaintiffs but the court upheld the decision for pre-judgment interest. The amount ordered was incorrect so both sides negotiate the correct pricing. Due to procedure taken to come to a decision the court over turned the decision on the grounds of the agreement not being properly executed by the Lawyers of both sides. The plaintiff's theory (Why he thinks he is right)
The Plaintiffs feel they are entitled to the original amount the court ordered...
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