in the court of appeals of the state - Mississippi Supreme Court

112 miles per hour. The court said that there was no evidence presented that it was illegal
or negligent to put the lesser-rated S tire on the Z28, as the expert testimony showed that the
tire was a correct size for the car. Thus, the court said that there was no causation proved
for a design defect claim.
17. However, the court did allow the jury to consider the claims based upon the theory
of Goodyear’s failure to comply with an express warranty and the tires’ failure to perform
according to express factual representations: specifically that the 50,000-mile-warranted tire,
having only 10,000 miles of use, would perform safely at speeds up to 112 miles per hour.
18. The court overruled Goodyear’s motion for a directed verdict, and the case went to
the jury after a five-day trial. The jury deliberated for a day and a half ultimately rendering
verdicts in favor of the Kirby plaintiffs. Goodyear’s post-trial motions were denied
following a lengthy hearing. From the verdict and the denial of its post-trial motions,
Goodyear appeals.
ANALYSIS
I. THE KIRBY PLAINTIFFS FAILED TO PRESENT ANY
EVIDENCE OF A MANUFACTURING DEFECT.
19. Goodyear argues that the Kirby plaintiffs failed to prove that there was a
manufacturing defect in the tire when it left the control of the manufacturer, Goodyear, or
the seller, Big Ten. Goodyear claims that the Kirby plaintiffs failed to show any actual
deviation in the tire from the manufacturer’s specifications. Therefore, under Mississippi
products liability statute, Goodyear argues that a judgment notwithstanding the verdict was
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