Nettles v. Pettway d/b/a Pettway's Paint, Body & Wrecker Service
Annotate this CaseCedrick Nettles was struck by a wheel that detached from an automobile owned and operated by Antwon Aaron. Nettles sued Ryan Pettway, doing business as Pettway's Paint, Body and Wrecker Service ("Pettway"), alleging that Pettway had negligently and/or wantonly installed the wheel on the automobile and that Pettway's negligence and/or wantonness resulted in Nettles' injury. Aaron engaged Pettway to install "after market" wheel rims and tires on his automobile. The wheel rims and tires required the use of wheel adapters containing studs. Aaron purchased used adapters containing the studs from a discount tire store. He thereafter provided the wheel adapters, rims, and tires to Pettway for installation. Aaron explained that, approximately 10 to 12 hours after picking up the automobile from Pettway and driving it, the left rear tire of the automobile suddenly, unexpectedly, and without warning came off, injuring Nettles, who had been standing in a yard adjacent to the street on which Aaron was driving. The next day, Aaron returned the automobile to Pettway, who determined that three of the five studs on the left rear adapter were completely sheared off and that the other two were broken. The trial court entered summary judgment in Pettway's favor. The Alabama Supreme Court concluded Nettles failed to produce substantial evidence by inference or ordinary means to establish that Pettway negligently installed the wheel that caused Nettles's injuries. Accordingly, the summary judgment in favor of Pettway was affirmed.
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