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

of that product, and which would be unreasonably dangerous to them or to
their property.
Defendants’ Instruction No. 33 set out the elements that must be found in order to find for
the plaintiffs and reads as follows:
The Court instructs the Jury that before the plaintiffs may recover a
verdict in this case against defendant, The Goodyear Tire & Rubber Company,
he must first prove by a preponderance of the credible evidence each and
every one of the following elements:
1. That the tire in question was in a defective condition
when it left the control of defendant, The Goodyear Tire &
Rubber Company; that is that [it] did not function as expected
when utilized for its intended purpose;
2. That such defect, if any, made the tire unreasonably
dangerous for its intended purpose;
3. That the tire was expected to and did in fact reach the
plaintiff, Travis Kirby, without substantial change in the
condition in which the tire was manufactured by defendant, The
Goodyear Tire & Rubber Company; and
4. That the allegedly defective condition of the tire in
question was the proximate cause or a proximate contributing
cause of plaintiff’s injuries and damages.
The Court further instructs the Jury that if plaintiffs fail to prove any
one of the above listed elements by a preponderance of the credible evidence
in this case, it will be your sworn duty to return a verdict for the defendant,
The Goodyear Tire & Rubber Company.
Defendant’s Instruction No. 34 provides as follows:
The Court instructs the Jury that the defendant, The Goodyear Tire &
Rubber Company, had no duty to distribute or manufacture a tire which was
totally accident proof or that would not fail under any circumstances. The
Court further instructs the Jury that the defendant, The Goodyear Tire &
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