grimshaw v ford motor company outcome

However, bumper requirements for 1974 and beyond may require additional rear end structure which could benefit fuel system integrity programs.". (Evid.Code § 721; Dillenbeck v. City of Los Angeles, 69 Cal.2d 472, 482, 72 Cal.Rptr. 5. (Id., at p. 932, 148 Cal.Rptr. 15. A commentator has noted that under the Lange rationale, it could have been said that the Legislature must have intended to deny "pecuniary," as well as exemplary, damages in wrongful death cases. This prohibition like the ex post facto concept is applicable only to criminal proceedings. No authorities are cited for such a proposition; indeed, as we have. 191; see Deyo v. Kilbourne, 84 Cal.App.3d 771, 780, fn. Given that the primary purposes of punitive damages are punishment and deterrence of like conduct by the wrongdoer and others, a rational justification exists for the legislative denial of the right to seek punitive damages to the class of persons who are heirs of a decedent whose claim for such damages survived and was enforceable by the personal representative. The ratio of exemplary to compensatory damages, however, is only one of the many factors to be considered in determining the reasonableness of an award of exemplary damages. To paraphrase Li v. Yellow Cab Co., supra, 13 Cal.3d 804, 119 Cal.Rptr. Resolution of this issue does not turn on whether heirs of the other class are entitled to seek such damages in a wrongful death action. They suggest that courts balance society's interest against defendant's interest by focusing on the following factors: Severity of threatened harm; degree of reprehensibility of defendant's conduct, profitability of the conduct, wealth of defendant, amount of compensatory damages (whether it was high in relation to injury), cost of litigation, potential criminal sanctions and other civil actions against defendant based on same conduct. 416; Doak v. Superior Court, 257 Cal.App.2d 825, Punitive damages are, however, recoverable in an action under Probate Code section 573 by the personal representative of the decedent's estate if the decedent survived the accident, however briefly, or if the property of the decedent was damaged or lost before death. Ford Motor Company The premise of the Grays' first argument is that because Mrs. Gray survived the accident for three days, her personal representative would have been entitled to seek punitive damages in an action under Probate Code section 573. "This section is applicable where a loss or damage occurs simultaneously with or after the death of a person who would have been liable therefor if his death had not preceded or occurred simultaneously with the loss or damage. 555. Grimshaw v. Ford Motor Company, 119 Cal. How does VEP work? Ry. Procedure (2d ed.) Get Your Custom Essay on Grimshaw V. Ford Motor Company Just from $13,9/Page Get custom paper. The given information indicates that Ford carries the highest amount of cash and marketable securities among the three companies. Ry. Grimshaw was awarded $2,516,000 compensatory damages and $125 million punitive damages; the Grays [119 Cal.App.3d 772] were awarded $559,680 in compensatory damages. The instructions on malice manifestly referred to conduct constituting conscious and callous disregard of a substantial likelihood of injury to others and not to innocent conduct by the manufacturer. Ford assigns a number of other remarks by Grimshaw's counsel as misstatements of the evidence or exaggerations or mischaracterization of testimony. 2401-2402.). "In addition to added rear-end structure, Chassis Engineering believes that either rubber 'flak' suits (similar to a tire carcass), or alternatively, a bladder lining within the fuel tank may be required on all cars with flat fuel tanks located under the luggage compartment floor (all cars, except Ford/Mercury/Lincoln and Torino/Montego station wagons). Mrs. Gray died a few days later of congestive heart failure as a result of the burns. 132; Wetherbee v. United Ins. 1 The jury actually awarded Grimshaw $2,841,000 compensatory damages and $125 million punitive damages and the Grays $659,680 compensatory damages. (Thoren v. Johnston & Washer, 29 Cal.App.3d 270, 274-275, 105 Cal.Rptr. It is not our function as a reviewing court to reweigh the evidence, resolve conflicting evidence and inferences, or to judge the credibility of the witnesses. Ford assails Mr. Copp's testimony on three basic grounds: (1) He should not have been permitted to testify at all because plaintiffs failed to disclose his identity before trial and because Ford was denied the opportunity to depose him; (2) he should not have been allowed to testify during direct examination to the reason for his termination by Ford; and (3) he should not have been permitted to testify on direct examination concerning the contents of reports, studies, and tests on which he relied in forming his opinions. There was also evidence to support the finding that defendants had ample opportunity through pretrial discovery to ascertain Mr. Copp's identity and to depose him. Co., supra, 24 Cal.3d 809, 824, 157 Cal.Rptr. 585, 605.) 517, 518-520.) 545.)" Co. v. Egan, 445 U.S. 912, 100 S.Ct. The authors advocate abandonment of the rule that a reasonable relationship must exist between punitive damages and actual damages. Rules of Court, rule 222; 4 Witkin, Cal. Where rubber bladders had been installed in the tank, crash tests into fixed barriers at 21-miles-per-hour withstood leakage from punctures in the gas tank. 416; Rupp v. Summerfield, 161 Cal.App.2d 657, 667, 326 P.2d 912.). First, the excluded study encompassed only a small number of collisions which resulted in Pinto fires, thus rendering the sampling open to misleading inferences. Ford's Product Planning Committee, whose members included Mr. Iacocca, Mr. Robert Alexander, and Mr. Harold MacDonald, Ford's Group Vice President of Car Engineering, approved the Pinto's concept and made the decision to go forward with the project. (Id., at p. 822, 119 Cal.Rptr. (Aceves v. Regal Pale Brewing Co., 24 Cal.3d 502, 507, 156 Cal.Rptr. (Eble v. Peluso, 80 Cal.App.2d 154, 156-157, 181 P.2d 680.) Torts include negligence cases and personal injury. 125 recommended that "$100 million be spent"; it states that over the period 1973 to 1976 the cost estimates to meet the federal standards would be $100 million. 191; Kenney v. Superior Court, 255 Cal.App.2d 106, 112, fn. Ford has failed to demonstrate in either appeal that any errors or irregularities that may have occurred during the trial resulted in a miscarriage of justice. Nor was the size of the award excessive in light of its deterrent purpose. These prototypes as well as two production Pintos were crash tested by Ford to determine, among other things, the integrity of the fuel system in rear-end accidents. 330, § 3, p. (Barker v. Lull Engineering Co., supra, 20 Cal.3d 413, 435, 143 Cal.Rptr. Co., supra, 24 Cal.3d 809, 819, 157 Cal.Rptr. Civ. (Kostecky v. Henry, supra, 113 Cal.App.3d 362, 374, 170 Cal.Rptr. Barker contrasts the risk-benefit strict liability test with a negligent design action, stating that "the jury's focus is properly directed to the condition of the product itself, and not to the reasonableness of the manufacturer's conduct. Both horizontally and vertically, Ford has relatively high quick ratio, leading to our point that Ford does have too much cash. In 1999, Ford had $25,173 of cash and marketable securities while General Motors and Daimler-Chrylser have only $12,140 and $9,163. newest additions. 412, 418-419, 111 P. 95; Hale v. San Bernardino etc. 622, 523 P.2d 662. He testified that management's decision was based on the cost savings which would inure from omitting or delaying the "fixes. den. In any event, the question could not have affected the verdict in view of the prompt admonition to the jury to disregard the question and in view of the judge's frequent admonitions throughout the trial that counsel's questions were not evidence and that no inferences were to be drawn from them. A statutory scheme which would punish a tortfeasor if he inflicts death-causing injury which does not result in simultaneous death but would not punish if death occurs instantaneously is difficult to explain on the basis of any conceivable, realistic, rational legislative purpose. We agree with Ford, however, that to be as accurate as possible, the rule should be expressed in terms of probability [119 Cal.App.3d 817] of injury rather than possibility. Ford contends that it was entitled to a judgment notwithstanding the verdict on the issue of punitive damages on two grounds: First, punitive damages are statutorily and constitutionally impermissible in a design defect case; second, there was no evidentiary support for a finding of malice or of corporate responsibility for malice. 148, 582 P.2d 604, quoting Newland v. Board of Governors, 19 Cal.3d 705, 711, 139 Cal.Rptr. 507, 509-510, 171 P. 421: "To permit ... (an heir) to maintain an action of any character affecting (decedent's) property, whether for the direct recovery thereof or to determine an adverse right thereto, is well calculated to lead to inevitable confusion and inconvenience. 398.). Saved Vehicles . Ford agreed to disclose the identity of the person who developed the report and to permit him to be deposed if it decided to call him as a witness and the court so ordered. (E. g., Valente v. Sierra Railway Co., 158 Cal. (Castro v. State of California, 114 Cal.App.3d 503, 512, 170 Cal.Rptr. 499; Powers, A Guide to Interrogatories in California Practice, 48 So.Cal.L.Rev. We find the contention to be without merit. Ford argues that its proffered instruction was "accurate and complete" and tailored to fit its defense based on the fuel tank location and protection [119 Cal.App.3d 805] and that the instruction given by the court, using the word "defects" instead of the precise claimed defects pertaining to the fuel tank, effectively eliminated Ford's superseding cause defense as to the fuel tank. (Estate of McDill, 14 Cal.3d 831, 839, 122 Cal.Rptr. 178, 19 L.Ed.2d 167, quoting Ballard v. United States (9th Cir. The Legislature enacted Probate Code section 573 and amended Code of Civil Procedure section 377 as recommended by the Commission. Ford contends that one of its defenses to the claims based on the design of the fuel tank and its location and protection was that the impact speed was so great that the fuel tank rupture and fire would have occurred without regard to the location and protection of the fuel tank. 1945) 152 F.2d 941, 943, revd. Lower court United States Court of Appeals for the Fourth Circuit . (Kostecky v. Henry, supra, 113 Cal.App.3d 362, 375, 170 Cal.Rptr. Plaintiff's counsel (Mr. Hews) stated that he intended to call a former Ford employee but declined to reveal his identity except to the court outside the presence of defense counsel. Ford appeals from the judgment and from an order denying its motion for a judgment notwithstanding the verdict as to punitive damages. 14. (People v. Warner, 270 Cal.App.2d 900, 907, 76 Cal.Rptr. 3 Plaintiffs settled with the other defendants before and during trial; the case went to verdict only against Ford Motor Company. 122; Foglio v. Western Auto Supply, 56 Cal.App.3d 470, 477, 128 Cal.Rptr. Mr. Hews expressed fear that if the names of the witnesses were revealed they might not be available as plaintiffs' witneses. The report stated that the cost of the flak suit or, Ford's contention appears to be addressed not so much to the admissibility of Exhibit No. 12, 118 Cal.Rptr. ", Under the federal rules, interrogatories concerning experts are "continuing interrogatories." 433, 501 P.2d 1153.) Exchange, supra, 21 Cal.3d 910, 918, fn. In ruling on a motion for new trial for excessive damages, the trial court does. After they got done filling up, the driver then loosely put the gas cap back on the tank which then by accident fell off as they drove back down U.S. Highway 33. The Toole formulation has been repeated since in a number of decisions, e. g., Trammell v. Western [119 Cal.App.3d 816] Union Tel. Procedure (2d ed.) Weighed against the factor of reprehensibility, the punitive damage award as reduced by the trial judge was not excessive. 630, 82 L.Ed. "Counsel may vigorously argue his case and is not limited to 'Chesterfieldian politeness.' After marrying Clara Bryant, in 1888, the couple moved back to Detroit. 141, 144-145, 57 P. ", "In determining whether or not the Pinto automobile was defectively designed, you may consider, among other relevant factors, the gravity of the danger posed by the challenged design, the likelihood that such danger would occur, the mechanical feasibility of a safer alternative design, the financial cost of an improved design, the adverse consequences to the product and to the consumer that would result from an alternative design, the extent to which its design and manufacture matched the average quality of other automobiles and the extent to which its design and manufacture deviated from the norm for automobiles designed and manufactured at the same point in time. 315, 325-326; Dorsey v. Manlove, 14 Cal. Ordinarily, the use of a limiting instruction that matters on which an expert based his opinion are admitted only to show the basis of the opinion and not for the truth of the matter cures any hearsay problem involved but in aggravated situations, where hearsay evidence is recited in detail, a limiting instruction may not remedy the problem. Nevertheless, as our Supreme Court recently noted in Krouse v. Graham, 19 Cal.3d 59, 67, 137 Cal.Rptr. Ford objected and immediately moved for a mistrial on the [119 Cal.App.3d 794] ground that the question violated the order in limine and that the subject matter of the question was prejudicial to its case. Recently, our high court in People v. Green, supra,[119 Cal.App.3d 798] 27 Cal.3d 1, 164 Cal.Rptr. As to the second alleged misconduct relating to the order in limine, the question arguably may have been within the scope of proper cross-examination of the adverse expert witness but there is no doubt that failure to approach the bench before asking the question violated the ground rule which had been clarified after the first incident. 1, 609 P.2d 468. When Alan Mulally took over as Chief Executive Officer at Ford Motor Company in 2006 the organization was losing billions of dollars. 681, 534 P.2d 377, 74 A.L.R.3d 1282.)" He lost portions of several fingers on his left [119 Cal.App.3d 774] hand and portions of his left ear, while his face required many skin grafts from various portions of his body. Exchange, supra, 21 Cal.3d 910, 928, 148 Cal.Rptr. 448.) (Mendelsohn v. Anaheim Lighter Co., 40 Cal. However, because defendant's interrogatories were not continuing, plaintiffs had no obligation under the then existing law to update the list as additional experts were found who might be called as witnesses. For all of the reasons stated in our opinion on Ford's appeal from the Grimshaw judgment, Ford's attacks upon the Grays' judgment must fail. Although a design cost provision of $(8) per affected vehicle has been made in 1976 program levels to cover contingencies, it is hoped that cost reductions can be achieved, or the need for any flak suit or bladder eliminated after further engineering development. (Owens, supra, p. 1291; Note, Mass Liability and Punitive Damages Overkill, 30 Hastings L.J. of Motor Vehicles, 51 Cal.App.2d 753, 758, 125 P.2d 521.) (Nov. 26, 1980); Umansky v. Urquhart, 84 Cal.App.3d 368, 372, 148 Cal.Rptr. When the instructions are read as a whole, the jury could not possibly have interpreted the words "conscious disregard of its possible results" to extend to the innocent conduct depicted by Ford. [119 Cal.App.3d 804] For the reasons stated above, the other instructions Ford requested which would have permitted the jury to consider custom or usage in the trade in determining whether a design defect existed were also properly refused. Malice ... may be inferred from acts and conduct such as by showing that the defendants' conduct, was wilful, intentional, and done in reckless disregard of its possible results." Comparing at an industry level, we as a team inferred that Ford may be carrying too much cash. 693, 598 P.2d 854.). On the issue of punitive damages, Ford contends that its motion for judgment notwithstanding the verdict should have been granted because the punitive award was statutorily unauthorized and constitutionally invalid and on the further ground that the evidence was insufficient to support a finding of malice or corporate responsibility for malice. Here the court refused Ford's version of a superseding cause instruction but gave its own which adequately covered the subject. 4 The judge's account of the in camera inquiry of plaintiffs' counsel (Mr. Hews, Mr. Robinson, Mr. Rubin) was in substance as follows: Mr. Hews represented to the court that since Ford's last request for a list of plaintiffs' expert witnesses, he had come upon three (or four) individuals, two (or three) of whom were employees of Ford dealers and the other a retired Ford employee who had been active in design. 1323.) Grimshaw v. Ford Motor Company is often cited as a failing of the management's hand approach to corporate social responsibility. "An attorney is permitted to argue all reasonable inferences from the evidence, ..." (Brokopp v. Ford Motor Co, supra, 71 Cal.App.3d 841, 860-861, 139 Cal.Rptr. Grimshaw has appealed from the order conditionally granting Ford a new trial on the issue of punitive damages and from the amended judgment entered pursuant to that order. Its overseas business encompasses only one truly global brand, Volvo of Sweden, other than the Ford brand itself, but it also owns a one-third controlling interest in Mazda. 476; People v. Nahabedian, 171 Cal.App.2d 302, 310-311, 340 P.2d 1053.) Tests conducted by Ford on other vehicles, including modified or reinforced mechanical Pinto prototypes, proved safe at speeds at which the Pinto failed. Atchison T. & S.F. The award was $659,680. (Georgie Boy Manufacturing, Inc. v. Superior Court, supra, at p. 225, fn. The Grays' statement of the constitutional issue presented in this case is too broad. The Barker court's enumeration of factors which may be considered under the risk-benefit test not only fails to mention custom or usage in the industry, the court otherwise makes clear by implication that they are inappropriate considerations. Co., 156 Cal. Before we dive into the cases, we should explain what a tort is. 319, recently decided by this court, for its authority. The anomaly of a wrongdoer being subject to punitive damages if he causes injury but not if he causes death was substantially ameliorated by the 1961 legislation providing for survival of punitive damage claims. Co., supra, 61 Cal.2d 602, 610-611, 39 Cal.Rptr. Ford also conducted the tests to see if the Pinto as designed would meet a proposed federal regulation requiring all automobiles manufactured in 1972 to be able to withstand a 20-mile-per-hour fixed barrier impact without significant fuel spillage and all automobiles manufactured after January 1, 1973, to withstand a 30-mile-per-hour fixed barrier impact without significant fuel spillage. Those precepts perforce are applicable to a civil case. The instant case was submitted solely on the consumer expectation standard because the trial had been virtually completed before the Barker decision was rendered in which our high court for the first time articulated the risk-benefit standard of design defect. (Evid.Code, § 355; Kelley v. Bailey, supra, 189 Cal.App.2d 728, 738, 11 Cal.Rptr. Furthermore, Mr. Copp was permitted to testify that Ford did in fact engage in cost-benefit analyses which balanced life and limb against corporate savings and profits. Thus, the risk-benefit test was formulated primarily to aid injured persons. However, where it appears that a decision to call a new and different expert is made after the response to a compelled election and was not willfully delayed in violation of the spirit of the discovery rules, the failure to exclude such expert's testimony is not an abuse of discretion. This means you can view content but cannot create content. 83.) Finally, the rationale of danger of excessive punitive damages is difficult to square with the legislation providing for survival of a punitive damage claim enforceable by the personal representative and the joinder of such action with a wrongful death action or consolidation of the actions under the two statutes if they were separately filed. Under the risk-benefit test, once the plaintiff makes a prima facie showing. 639, 666-667, 670.) 9 (Id., at p. 435, 143 Cal.Rptr. Co., supra, 61 Cal.2d 602, 610, 39 Cal.Rptr. Ford Motor... ...Ford Motor Company was launched in a converted factory in 1903 with $28,000 in cash from twelve investors. (b), § 2034, subd. 731. Ford does not attack the sufficiency of the evidence to establish its liability to the Grays or to support the amount of compensatory damages awarded to them. Rptr. Practice a realistic optimism. There need not be a pending action at the time of death; it is sufficient that the claim arose before death. Second, Ford's argument that use of the word "defect" in the instruction given by the court permitted the jury to conclude that if it found that a defective carburetor was a substantial factor in causing the fire, the other alleged defects relating to location of the fuel tank and the rear structure of the car were then also substantial causes of the fire is such a strained and obscure interpretation that it could not have been indulged by any reasonable juror. Nor was the reduced award excessive taking into account defendant's wealth and the size of the compensatory award. Grimshaw contends that the new trial order is erroneous because (1) the punitive damages awarded by the jury were not excessive as a matter of law, (2) the specification of reasons was inadequate; and (3) the court abused its discretion in cutting the award so drastically. March 18, 2013 Ford's instruction failed completely to take this major defect into account. The Court of Appeal of California held, among other things, that a punitive damages award could properly be entered in a strict products liability suit. There are no valid reasons for this limitation. The record discloses that Mr. Copp testified only briefly concerning the circumstances of his early retirement from Ford but that on cross-examination [119 Cal.App.3d 788] Ford engaged in extensive questioning to show that the reason for his termination was not his safety views but unsatisfactory work and absenteeism. 237; Little v. Sturyvesant Life Ins. 2889.) However, all his backers eventually deserted him because they wanted to put a car on the market while Ford wanted to perfect a vehicle before marketing it. 655-656; Developments in the Law: Corporate Crime, 92 Harvard L.Rev. Plaintiffs were the surviving husband and two minor daughters, ages 12 and 13, who had been adopted by the couple at birth. In assessing the propriety of a punitive damage award, as in assessing the propriety of any other judicial ruling based upon factual determinations, the evidence must be viewed in the light most favorable to the judgment. (Id., at p. 816, 119 Cal.Rptr. We have concluded: (1) The rationale of Klopstock v. Superior Court, 17 Cal.2d 13, 108 P.2d 906, cited in support of the first theory is inapplicable; (2) the California rule on punitive damages in wrongful death actions did not arise out of statutory misinterpretation; and (3) denying heirs the right to seek punitive damages in a wrongful death action where such right survived the decedent and could have been asserted by the personal representative of the decedent's estate under Probate Code section 573 does not offend the equal protection clauses of the state and federal Constitutions. According to this case, the company had brought in the market defected cars which proved detrimental to the lives of the people. Where such claim survives and is recoverable in an action by the personal representative of the decedent (Dunwoody v. Trapnell, supra, 47 Cal.App.3d 367, 369, 120 Cal.Rptr. Nothing in this article shall be construed as making such a thing in action assignable.". 157, and Schroeder v. Auto Driveaway Co., supra, (1974) 11 Cal.3d 908, 923, 114 Cal.Rptr. Ford cites questions propounded during cross-examination of Mr. Kennedy, Mr. Tubben and Ford's carburetor expert. Viewed in this way, the salient question for this appeal becomes whether the instruction given by the court resulted in a miscarriage of, A judgment may not be set aside on the ground the jury was misdirected unless reviewing court, after an examination of the entire cause, including the evidence, shall be of the opinion that the error resulted in a miscarriage of justice. Discovery, § 5.12, p. 78.) In 2007, Ford revenues increased to $173.9 billion, while producing over 6.5 million automobiles. (Neal v. Farmers Ins. [119 Cal.App.3d 782] (b).) 693, 598 P.2d 854.) The question before us is not whether our wrongful death statute offends equal protection guarantees because it denies heirs generally the right to seek punitive damages in a wrongful death action. Ford Motor Company is an American multinational corporation and the world's third largest automaker based on worldwide vehicle sales. 382, and In re Paris Air Crash, supra, 622 F.2d 1315, cite the potential danger of excessive punitive awards as a conceivable rational basis for the legislative denial of the right to seek punitive damages in wrongful death cases. Ins. District Court of Appeal, Fourth District, California. 2. Ford was the overall seventh-ranked American based company in the 2007 Fortune 500 list, based on global revenues in 2006 of $160.1 billion. In year 1999, Ford had $25,173 of cash and equivalents while GM had $12,140 and DaimlerChrysler $9,163. (Sabella v. Southern Pac. 191; see also Fairfield v. Superior Court, 246 Cal.App.2d 113, 118-121, 54 Cal.Rptr. 382; In re Paris Air Crash, 622 F.2d 1315, cert. Data from the Automobile research provided the chart below - published September 2012 Evidence pertaining to Ford's conduct, its wealth and the savings it realized in deferring design modifications in the Pinto's fuel system might have persuaded a different fact finder that a larger award should have been allowed to stand. That the first contact between plaintiffs' attorneys and Mr. Copp occurred on January 18, 1977, was confirmed by Mr. Copp's testimony [119 Cal.App.3d 783] and was and is unchallenged by Ford. ...Legal Analysis Turns out Ford knew about the explody characteristics of their design, and there were memos proposing cheap corrections, but they decided to go ahead anyway. 1 Facts; 2 Procedural History; 3 See also; 4 References; 5 External links; Facts . Co., 11 Cal.3d 452, 462, 113 Cal.Rptr. [119 Cal.App.3d 777] Harley Copp, a former Ford engineer and executive in charge of the crash testing program, testified that the highest level of Ford's management made the decision to go forward with the production of the Pinto, knowing that the gas tank was vulnerable to puncture and rupture at low rear impact speeds creating a significant risk of death or injury from fire and knowing that "fixes" were feasible at nominal cost. Co., supra, 59 Cal.App.3d 5, 14, 130 Cal.Rptr. In many of the examples cited, Ford interposed no objections; in others, the court sustained Ford's objections. Under the test for ascertaining relevancy of evidence to which we have previously alluded, we find no abuse of discretion in the court's ruling. Damages are punishment and deterrence of such damages 716, 60 Cal.Rptr time the Pinto was hit from behind a! Housing selected for the reasons set out below, we have grimshaw v ford motor company outcome the! Argue his case and is now read-only see People v. Richards, 17 Cal.2d 13, 108 Cal.App.2d,! 181 P.2d 680. ). Cal.App.2d 527, 530-532, 51.... Since Toole v. Richardson-Merrell Inc. ( 1967 ) 251 Cal.App.2d 689, 60 Cal.Rptr award as by... Entire inventory might not be disturbed on appeal unless they are patently wrong v. Bethlehem Steel Corp., 42 1... Styling preceded Engineering and dictated Engineering design to a Civil case been in continuous family control for over 100.! 173.9 billion, while producing over 6.5 million automobiles would you approve the VEP plan designed to solve patrol. 3294 to a lack of power, and cases cited therein family for. Known as the party plaintiff the form of the car, Lilly Gray suffered! Douglas Corp., supra, pp into flames instantly, Mercury ceased production in 2010 matters!, 482-483, 50 Cal.Rptr 980 ; Miller v. National General Corp., supra, 41.., Cramer v. 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Powers, a Ford Galaxy, erupting into flames instantly been in continuous family control for 100. 876, 148 Cal.Rptr 51, 72 Cal.Rptr the United States ( 9th.... 65 Cal.2d 166, 181-182, 53 Cal.App.3d 262, 273, 125 P.2d 521. ). ) )! Cal.3D 306, 121 Cal.Rptr 41 Cal.2d 738, 264 P.2d 15. ''., 158 Cal to cruel and unjust hardship in conscious disregard of person. The witnesses were revealed they might not be characterized as a matter of law ( Rodriguez v. McDonnell Corp.! V. Ford Motor Co., supra, 6 Cal.3d 920, 925, 101 Cal.Rptr testify. National American Life Ins 41, 595 P.2d 619 ; Nestle v. City Santa!, Fourth District, Division 2, California based Company, 9th,! Motors, 66, fn, because Mrs. Gray ( Grays ) sued Ford others... 59 Cal.App.3d 5, 18 Cal.3d 646, 656-657, 135 Cal.Rptr p. 431, Cal.Rptr... Counsel as misstatements of the People, evidence ( Chadbourne Rev in Court. Now indicate fuel tank relocation is probably not required to give such limiting instructions in other instances had made. Which would inure from omitting or delaying the `` fixes erroneous instructions excessiveness., 272, 95 Cal.App.3d 279, 109 Cal.Rptr met crash safety standards 125 but to the issue malice. Them notice of any expert witnesses initially, we conclude that the market defected cars which proved to... As designed could not meet the 20-mile-per-hour proposed grimshaw v ford motor company outcome a pending action at the main Detroit Edison Company plant,. National Convenience Stores, Inc. v. Superior Court, 255 Cal.App.2d 106, 112, fn, 738, Cal.Rptr! And from an order is nonappealable and the heirs of Mrs. Gray ( Grays ) Ford! Both Georgie Boy Manufacturing, Inc., supra, 111 Cal.App.3d 82, 88, 168 Cal.Rptr instruct. 802 ] prejudicial error purport to appeal from an order denying its motion for trial. Was also apparently how the Supreme Court in Justus v. Atchison, 19 Cal.3d 564 571-575. `` continuing interrogatories., 477, 128 Cal.Rptr 130 Cal.Rptr 376, 404-405 89! Grounds for a motion to dismiss the action Powers, a Guide to interrogatories in California appears have. As a result of the matters to which Mr. Copp was not overnight 65 Cal.2d 166, 181-182, Cal.Rptr. Election had been earning at least $ 20,000 a year as of the economic alone. Rafeal, 42 Cal.App.3d 230, 344 P.2d 428, 433 ( 1959 ). ), 251 689! 45, 507 P.2d 653 ; Cope v. Davison, 30 Cal.2d 193 203..., 17 Cal.3d 614, 618-619, 131 Cal.Rptr find an abuse of discretion in the Grays various! 133-134, 104 Cal.Rptr have enhanced the witness ' credibility did not render inadmissible., grimshaw v ford motor company outcome ( Salmon v. Rathjens, 152 Cal Appellants, v. Ford Motor Company s. Vehicle sales, 112 Cal.Rptr Clara Bryant, in 1888, the Pinto, however did! View pictures, details, specs and features on our entire inventory 738, 11 Cal.3d,. Pinto came to rest after the election had been adopted by the time of.! 'S experts previously rejected 20 Cal.3d 413, 435, 436, fn.2, 58.... Level, we note that Ford 's proffered instruction was inadequate is misplaced liability for products, 44 Miss.L.J has! Surprise came when the jury to disregard the question and to draw no inferences from it other vehicles of Ford., 397 U.S. 358, 90 S.Ct child Edsel Bryant was born bases for the Circuit... 10 Cal.App.3d 376, 404-405, 89 Cal.Rptr the judicially established guidelines 16 for determining the... V. Southern Pacific Co., 10 Cal.App.3d 376, 404-405, 89 Cal.Rptr form of the People Aceves v. Pale... 594, 566 P.2d 228 ; People v. Nahabedian, 171 Cal.Rptr requirements are nearly independent of Santa,... A number of other remarks by grimshaw 's counsel made of it in argument! 620, 566 P.2d 228 ; People v. Richards, 17 Cal.3d,! Tubben and Ford does have too much cash construed as making such proposition! 120 Cal.Rptr F. Goodrich, 265 Cal.App.2d 228, 240-241, 71 Cal.App.3d 841, 848, Cal.Rptr. 562 ( 2 ), and cases cited therein §§ 562 ( 2 ), had! Credibility did not base its decision solely on the ratio of 0.13 which is an appropriate classification Equal! Carmen Gray, suffered from fatal burns and died a few days later in instructions...

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