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Heinrich v. Goodyear Tire and Rubber Co.

Citations: 532 F. Supp. 1348; 33 Fed. R. Serv. 2d 1117; 1982 U.S. Dist. LEXIS 11077Docket: Civ. A. M-80-1956

Court: District Court, D. Maryland; February 25, 1982; Federal District Court

Narrative Opinion Summary

In the case of Heinrich v. Goodyear Tire and Rubber Company, the plaintiffs, a married couple, filed a lawsuit against Goodyear, alleging negligence related to occupational disease contracted by one plaintiff while working at Kelly-Springfield Tire Company, a subsidiary of Goodyear. The United States District Court for the District of Maryland reviewed Goodyear's motion to dismiss, focusing on the plaintiffs' claims under two negligence theories: failure to warn about chemical dangers and an alleged undertaking to provide safety information. The court recognized the validity of the 'duty to warn' claim under Maryland law and examined potential liability under the Restatement (Second) of Torts, § 324A, for assumed duties. While dismissing claims related to abnormally dangerous conditions due to lack of Goodyear's control over the premises, the court upheld claims of deceit and concealment. Goodyear's motion to dismiss based on non-joinder of Kelly was denied, as the court found Kelly was not a necessary party under Rule 19. Consequently, the case against Goodyear was allowed to proceed, except for the dismissed counts concerning premises liability.

Legal Issues Addressed

Assumed Duty and Liability under Restatement (Second) of Torts, § 324A

Application: The court considered whether Goodyear could be liable under § 324A for undertaking to provide health and safety information, emphasizing the necessity to determine whether Maryland would accept this section.

Reasoning: The plaintiffs' reliance on the 'Good Samaritan' rule in § 324A necessitates determining whether Maryland's Court of Appeals would accept this section, which it has not explicitly endorsed but may imply acceptance in appropriate cases.

Dismissal of Claims Based on Lack of Ownership or Control

Application: The court dismissed Counts III and IV related to the alleged abnormally dangerous condition at the Cumberland plant, citing the absence of Goodyear's control over the premises.

Reasoning: Consequently, Counts III and IV do not present a valid claim under Restatement (Second) of Torts, § 519, and will be dismissed.

Duty to Warn under Maryland Law

Application: The court acknowledged the plaintiffs' claim that Goodyear failed to warn about the dangers of chemicals supplied to Kelly as a valid 'duty to warn' claim under Maryland law.

Reasoning: The first alleges Goodyear's failure to warn about the dangers of chemicals supplied to Kelly, which the court recognized as a valid 'duty to warn' claim under Maryland law.

Fraud and Concealment Claims under Maryland Law

Application: Counts IX and X alleging deceit and concealment were found to sufficiently state claims under Maryland law without necessitating the joinder of Kelly.

Reasoning: Counts IX and X adequately address the elements necessary for deceit and concealment under Maryland law, including intentional suppression of material facts.

Joinder of Necessary Parties under Rule 19

Application: The court denied Goodyear's motion to dismiss based on non-joinder of Kelly, determining that Kelly was not a conditionally necessary party under Rule 19(a).

Reasoning: Goodyear's motion under Rule 12(b)(7) is denied. The court orders that Goodyear's motion to dismiss the amended complaint under Rule 12(b)(6) is granted for Counts III and IV, but denied for all other counts.