Helmer v. Goodyear Tire & Rubber, No. 15-1214 (10th Cir. 2016)Annotate this Case
David Helmer and Felicia Muftic were lead plaintiffs representing a certified class of homeowners who contended a radiant-heating hose, the Entran 3, manufactured by Goodyear Tire & Rubber Company (“Goodyear”) suffered design defects leading to cracks and leaks (the hose was used to convey hot fluid to provide heating for homes, installed permanently in walls, under flooring and in ceilings and concrete. At trial, Goodyear argued the leaks were caused by third parties’ improper installations. The jury returned a verdict in favor of Goodyear, concluding the Entran 3 was not defectively designed. On appeal, Plaintiffs argued that insufficient evidence supported the district court’s instruction on nonparty fault. They further argued that the district court failed to require proof of a necessary fact before instructing the jury regarding Colorado’s presumption that a product was not defective if ten years have passed since it was first sold. After review, the Tenth Circuit concluded that any error in the third-party liability instruction was harmless, and the inclusion of the instruction as to the presumption was proper.