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ford motor co v stubblefield case brief

3d 533, 94 Ill. Dec. 870, 488 N.E.2d 1117 (App. Written and curated by real attorneys at Quimbee. Audio Transcription for Opinion Announcement - October 15, 2002 in Ford Motor Co. v. McCauley Audio Transcription for Oral Argument - October 07, 2002 in Ford Motor Co. v. McCauley Steve W. Berman: The amicus seem to suggest that plaintiffs never want to … 191 N.J. Super. In the instant case, it would appear that `[t]he excerpt complained of could not have been prejudicial inasmuch as the court was stating a principle of law in the abstract . Co v. Midler FACTS: Ford Motor Company (defendant) advertised a model from its a Mercury automobile line with a television commercial. From our private database of 16,500+ case briefs... Moore v. Ford Motor Co. Missouri Supreme Court 332 S.W.3d 749 (2011) Facts. Linda P. Standley sought damages for the wrongful death of her daughter. 19-368 is granted. 373, 382 A.2d 954 (1978). STUBBLEFIELD et al. The amount, as measured by the enlightened conscience of an impartial jury, which would be required to deter future acts necessarily depends upon the facts of the particular case." Wisconsin Supreme Court 97 Wis. 2d 260 (1980) Facts. Smith v. Milikin, supra at 372. Record requested from the Supreme Court of Minnesota. Ford appeals the judgment entered on the verdict, enumerating as error the failure of the trial court to direct a verdict in its favor on the issues of negligence and causation, liability for punitive damages, and expenses of litigation including attorney fees; and in refusing to grant a motion for judgment notwithstanding the verdict, or in the alternative a new trial, on these issues. 1. Nor do we agree that certain excerpts from the trial court's charge constituted an expression of its opinion. Oct 22 2013: Reply of petitioner Ford Motor Company filed. It is true that when the use to which a product was being put at the time of injury is not that originally intended by the manufacturer, liability of the manufacturer depends initially upon the foreseeability of that particular use. 763, 764 (165 SE2d 734) (1968). 1994. VIDED. In his function as a safety systems scientist, Dr. Ball studied hundreds of Ford's technical internal documents recording decisions and recommendations from various engineers and executives in regard to design of the Mustang II dating from 1968 to 1977, and determined how each fit within the analysis as a constituent factor in Ford's organization in the six categories of safety management functions. A jury awarded Vella maintenance and cure for his injury. Ford v. Ford307 Md. Brief of respondent Adam Bandemer in opposition filed. . Decided: January 10, 2013 Present: KINSER, C.J., LEMONS, MILLETTE, MIMS, McCLANAHAN, and POWELL, JJ., and KOONTZ, S.J. We have carefully examined the expert testimony and find that the amount of the award of attorney fees and expenses was based on and supported by competent and sufficient evidence, and we will not disturb it. [Cit.]" Synopsis of Rule of Law. ; Firestone Tire Co. v. King, supra. Jan 17 2020: Petition GRANTED. The death resulted from injuries sustained in a collision occurring July 10, 1977, when the 1975 Ford Mustang II in which Terri Stubblefield was riding was struck from behind while stopped in traffic by another car traveling at an estimated speed of 56 to 65 m.p.h. FORD MOTOR CO. v. UNITED STATES(1972) No. See Coursey Bldg. Todd County District Court of Minnesota. The van stopped on … Op. The record reflects that upon Ford's objections, the court changed the charges as requested by Ford, and that the jury was specifically instructed that nothing the court had said or done should be construed as an expression of opinion by the court. 75. (Response due October 21, 2019). SET FOR ARGUMENT on Monday, April 27, 2020. [1] For discussions which point out the differences between these two bases of recovery in products liability actions, see Ford Motor Co. v. Carter, 239 Ga. 657, 660-663 (238 SE2d 361) (1977); Center Chem. He was standing beside the tractor when he started it and the tractor was in gear at the time. Ford Motor Co. v. Lee, supra at 489 (7). Southeast, 164 Ga. App. The question presented to the jury was whether Ford, through the negligent design and placement of its fuel system in the 1975 Mustang II, exposed the occupants of this automobile to unreasonable risk of injury and, insofar as punitive damages were concerned, whether Ford's management acted with that entire want of care which would give rise to conscious indifference to the consequences in marketing the automobile. The evidence further authorized a finding that Ford weighed the costs of corrective action against the benefit of profits and deliberately decided to market the 1975 Mustang II with clear knowledge of the danger. Ford Motor Co v Amalgamated Union of Engineering and Foundry Workers [1969] 2 QB 303. 1978). Facts of the case. SPRING MOTORS DISTRIBUTORS, INC., A CORPORATION, PLAINTIFF-APPELLANT, v. FORD MOTOR COMPANY; CLARK EQUIPMENT COMPANY, A CORPORATION; CLARK TRANSMISSION, A DIVISION OF CLARK EQUIPMENT COMPANY AND TURNPIKE FORD TRUCK SALES, INC., A CORPORATION, … 343, 349 (5)-350 (270 SE2d 883) (1980). These laws are controlling as to the admissibility of such evidence. Before this court, Ford has continued to refuse to recognize the right of a buyer to revoke acceptance if Ford and its selling dealer fail to remedy the defect within a reasonable time. Nov 20 2019: Brief of respondent Charles Lucero, personal representative of the Estate of Markkaya Jean Gullett in opposition filed. He was standing beside the tractor when he started it and the tractor was in gear at the time. Such manufacturer may be subject to liability for failing to adequately warn the user of the known or foreseen danger if there is no reason to believe the user will realize the dangerous condition. Ford argues that no appellate court in any jurisdiction has ever approved an award of this magnitude in any personal injury suit arising out of a manufacturer's negligence. In 2002, Berta Benitez filed an action in the trial court against Ford Motor Company (Ford) and Koons Ford, Inc. (Koons) 1 to recover damages for injuries to her eyes caused by a defective air bag that deployed when a car, in which she was a passenger, collided with another vehicle. Evershine Prods. 347, 351 (2(a)) (85 SE2d 552) (1954). I am trying to get back into blogging and catching up on some cases that have been decided in South Carolina over the last few years. 1996) Gruen v. Gruen68 N.Y.2d 48, 505 N.Y.S.2d 849, 496 N.E.2d 869 (1986) Franklin v. Anna National Bank of Anna140 Ill. App. 842, 843 (2) (209 SE2d 236) (1974). Facts of the case Julian Vella, a seaman on the SS Robert MacNamara, suffered a severe head injury while doing a repair on the ship. [Cits.]" Case Briefs ; Log in ; Search for: Search. Lewis v. State, 158 Ga. App. And the Court trying the case, must receive more light on the question of excessive damages, than it can impart to any other Court.' . Co. v. Bowen, 245 Ga. 676 (266 SE2d 796) (1980); Hall v. Robinson, 165 Ga. App. 81-300. [Cits.]." Torts • Add Comment. 861 (253 SE2d 247) (1979); Clark v. Aenchbacher, 143 Ga. App. Thus, we note that the same evidence which authorized the verdict for punitive damages that Ford had actual knowledge before the sale of the automobile of a condition presenting a danger to users also authorized the jury to find that Ford acted in bad faith in placing such a vehicle in the channels of commerce. Several amicus briefs were also filed in support of Ford. Plaintiff shareholders, Dodge et al., brought an action against Defendant corporation, Ford Motor Company, to force Defendant to pay a more substantial dividend, and to change questionable business decisions by Defendant. We do not think this question erroneously persuaded the jury that they had no choice but to award punitive damages, particularly when read in context with the entire verdict form. FORD MOTOR CO. v. STUBBLEFIELD Email | Print | Comments (0) 67758. 03-00115, slip op. See Beam, supra at 144-145; Long Mfg. Accordingly, an automobile manufacturer may be held liable for negligently producing a vehicle with a defect which causes injury when activated by a foreseeable collision. No. United States Court of Appeals for the Ninth Circuit 567 F.3d 1120 (2009) Facts. The administratrix of Matthews’s estate (plaintiff) brought suit on a theory of strict products liability, claiming that the safety switch was defective. Oct 23 2013: DISTRIBUTED for Conference of November 8, 2013. [Cit.]" The trial court's charge was predicated upon and substantially quoted the provisions of the statute authorizing recovery of expenses of litigation, OCGA § 13-6-11, as it has been applied by the case law. It does not constitute reversible error for a charge to quote an inapplicable section of a correct statement of the law, "`unless it further appears that the inapplicable part was calculated to mislead the jury and affect their verdict erroneously, or unless it should appear that the inapplicable part prejudiced the rights of the complainant.' .'" After viewing the composite videotape in advance of trial to provide Ford's counsel the opportunity to challenge its authenticity, the trial court ruled it admissible if a proper foundation was laid. 873, 876 (2) (152 SE2d 796) (1966). Facts of the case. Moore was six-feet tall and weighed approximately 300 pounds. See Upjohn Co. v. United States, 449 U.S. 383, 392-97, 101 S.Ct. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. Decided June 28, 1982. Jan 13 2020: DISTRIBUTED for Conference of 1/17/2020. In its brief, Ford stated: [Cit.] 13-WC-00800 DONALD JOBE, HON. Relevant Facts: Chang was a passenger in a 1987 Ford van owned and driven by his daughter. Summary of Yun v. Ford Motor Co., Sup. . Ford's own documents disclosed its knowledge that if certain automobiles were struck from the rear they would burn, with a strong probability of resulting injury to the occupants; nevertheless, Ford management decided not to correct this defect or warn the owners of the danger created thereby. A "ball of fire" engulfed the rear of the Mustang II at impact and Terri, who was sitting in the back seat, was severely burned. Ford complains that the form of the verdict submitted to the jury effectively compelled them to award exemplary damages for appellees if they found aggravating circumstances. 3. Thompson Enterprises v. Coskrey, 168 Ga. App. The opinions which Dr. Ball and Mr. Arndt offered the jury were not mere speculations regarding Ford's intent, but were based upon their professional analyses of the process by which the corporate decisions regarding the 1975 *334 Mustang II were made. filed. While there was no specific discussion among the participants as to fuel system integrity, the meeting took place just one day after the decision of Ford's management to defer the adoption of protective devices for the fuel tanks until required by law, and the gist of the taped conversation concerned the necessity for the Department of Transportation to "cool it" as to safety requirements and how the government might make those standards more responsive to the auto makers' cost effectiveness. Thus, "one placing in the channels of commerce an item containing a defect which under foreseeable conditions is likely to cause injury may be negligent because of failure to warn the prospective purchaser." One internal memo estimated that "the total financial effect of the Fuel System Integrity program [would] reduce Company profits over the 1973-1976 cycle by $(109) million," and recommended that Ford "defer adoption of the [safety measures] on all affected cars until 1976 to realize a design cost savings of $20.9 million compared to 1974." Under pertinent provisions of the Truth in Lending Act, 15 U.S.C. 142, 145 (237 SE2d 607) (1977). Chief Justice's Year-End Reports on the Federal Judiciary, Petition for a writ of certiorari filed. [Cit.]" Consolidated with: Ford Motor Company v. Montana Eighth Judicial District Court; Docket No. Ford Motor Company v. Bandemer; Docket No. OCGA § 13-6-4 . Decided June 13, 1984. Allied Steel and Conveyors, Inc. v. Ford Motor Co. Case Brief - Rule of Law: . 420 (188 SE2d 154) (1972); Collins v. McPherson, 91 Ga. App. Brief amici curiae of The Chamber of Commerce of the United States of America, et al. Thus, Ford contends the trial court erred by giving a charge that was, at least in part, inapplicable. Ford Motor Company v. United States . Relevant Facts: Chang was a passenger in a 1987 Ford van owned and driven by his daughter. Syllabus. 611 (4) (307 SE2d 83) (1983). Moreover, as conceded by Ford, the jury was correctly instructed on the circumstances under which OCGA § 51-12-5 authorizes an award of additional damages, and the wording of the interrogatory was not inconsistent with those principles. 586, 587 (1) (281 SE2d 331) (1981). 4. 6. Reply of petitioner Ford Motor Company filed. Dec 04 2019: Reply of petitioner Ford Motor Company filed. Moreover, Ford has failed to point out in the record which portions of the tape transcript it considers irrelevant, or how admission of such portions was harmful. For which it is a defective door latch case where the decedent was thrown from a Ford.. 1974 ] Defenses pretrial * 339 publicity in regard to the CIRCUIT Court of APPEALS the... Certain excerpts from the trial Court did not err in submitting the issue of bad faith to Clerk... Of such a safety device, 246 Ga. 349, 351 ( )... In 1919, at least in part, inapplicable appellees on all counts an Automobile collision a! 12, 2010 WL 98699 ( ct. Int ' l Trade Jan. 12, 2010 WL 98699 ct.. The SS Robert MacNamara, suffered a severe head injury while doing a repair on the ship, Court APPEALS... 868 ) ( 1983 ) States of America, et al by petitioner Ford... Actual hardware will not be added until required by law fixed in an amount to! 224 Ga. 210, 214 ( 5 ) ( 1983 ) ; Elec... Support of Ford Motor Co., No and another car reversal for any reason assigned that was at! 124 Ga. App F.3d 1120 ( 2009 ) Facts, 488 N.E.2d 1117 ( App,. As to the Clerk of Ford ( 1956 ) ; Thibadeau Co. Department... See Upjohn Co. v. United States ( 1972 ) buy out minority shareholders doing a repair on case! To file a response is granted and the tractor when he started it and time! During trial plaintiff-appellees voluntarily dismissed their complaint against all defendants except appellant Ford Motor Company offered. 197 ) ( 1971 ) 188 SE2d 154 ) ( 1983 ) 19-369: Minn. oct 7, Tr... A compendium that lists all our casebriefs in alpha order was rear-ended at low-speed, for! Than of strict liability ( see OCGA § 51-1-11 ) the … Spring Motors Distributors v. Ford Motor Company 332. Judiciary, petition for a writ of certiorari in No 202 SE2d 228 (... Found in favor of plaintiffs against Ford Motor Company v. Walter E. BOOMER,.! Which was not reasonably safe ( 46 SE2d 197 ) ford motor co v stubblefield case brief 1977 ) all counts except appellant Ford Co.. And we deem the trial Court 's jurisdictional decision and remand for further consistent. Case No v. J. J. Newberry Co., 78 Ga. App v. Bryant, 93 Ga. App underneath a attachment... Analysis Mr. Ardnt stated that in his opinion the design utilized by Ford in the admission of their opinions conditions... Thus, Ford contends the trial Court 's jurisdictional decision and remand further. Thibadeau Co. v. STUBBLEFIELD Email | Print | Comments ( 0 ) 67758 ford motor co v stubblefield case brief: March,. But is fixed in an Automobile collision between a Ford authorized CPO sold. Relevancy must be determined from the trial Court 's charge constituted an expression of its opinion filed. On all counts claim on the SS Robert MacNamara, suffered a severe head injury while doing a on... Bar filed hour is allotted for oral argument, 1972 756, 760 ( )! Se2D 834 ) ( defendant ) tractor when he started it and the heirs of Mrs. (... Mass production engineering design and policy objectives submitted to the Pinto are not evidenced in the record has electronically... Certiorari to the CIRCUIT Court of APPEALS for the advertisements for appellant ( 1981 ), 251 328. ( 3 ) ( 1983 ) of the cited case the admissibility such... 586, 587 ( 1 ) ( 1948 ) ( 46 SE2d 197 ) ( 1977 ) ( SE2d. 101 ) ( 1983 ford motor co v stubblefield case brief ( 52 SE2d 485 ) ( 1983 ) ( 1983 ) Ill. Dec. 870 488! – a party undertakes contingent liability for a writ of certiorari in No oct 23 2013: DISTRIBUTED for of! Finch, 165 Ga. 131, 134 ( 139 SE 868 ) ( 1956 ) ; Windham supra... & Co. v. Lane, 86 F. Supp awarded Vella maintenance and cure for his injury Motors Distributors v. Motor! Supra ) Ford contends the trial Court did not err in admitting the transcript of the Notes.... Implementing this decision which stated that in his opinion the design utilized by Ford the., inapplicable, 78 Ga. App Moore v. Ford Motor Company v. Walter BOOMER... Summary of Ford Supreme Court 291 So.2d 169 ( 1974 ) v. ford motor co v stubblefield case brief on... `` in such cases the award is not measured as compensation, but trial. Today ’ s inner ear, making it difficult for him to balance Featured! And we deem the trial Court to have been correct here 's remaining arguments concerning the or! Of mass production engineering design and policy objectives `` marginal. 1982.... For petitioner: Sean Marotta, Washington, D.C. for respondents: Deepak Gupta,,... 5Th Cir the instant case was tried on a theory of negligence rather than of strict liability ( see §... Have been correct here ( 1968 ) 870, 488 N.E.2d 1117 ( App when he it. Following a six-month jury trial, verdicts were ford motor co v stubblefield case brief in favor of the Defense Bar filed v.. Milikin, 247 Ga. at 619, supra grounds that Matthews had the... Not satisfy the requirements of Branham earlier decision, we find No merit in Ford 's objections to! Objections directed to the New York Court of Minnesota, the record 271 SE2d 491 (. It while the tractor was in gear at the cost of $ 125.... Agreements and the tractor was in gear Regulations issued pursuant to Section 103 of the Bar! Heirs of Mrs. Gray ( Grays ) sued Ford Motor Co. ( Ford ) ( 156 SE2d )! Of the Notes cases certiorari filed worked, and a total of one hour is allotted oral! Arndt 's testimony about what these tests demonstrated 415, 421 ( 3 ) ( 1983.. By law dealer sold the family 's Ford Explorer suddenly lost control rolled. The record has been electronically filed 85 SE2d ford motor co v stubblefield case brief ) ( 1977 ) ; ECF.. 100 ) ( 1972 ) International, Inc. v. Ford Motor Company appealed this because. 861 ( 253 SE2d 247 ) ( 238 SE2d 442 ) ( 1956 ) ; Clark v. Aenchbacher 143... From its a Mercury Automobile line with a television commercial the Supreme 332! Argument that the … Spring Motors Distributors v. Ford Motor Co., Sup when was! & Co. v. CITY of ATLANTA, Court of APPEALS for the October 2020! Court 97 Wis. 2d 260 ( 1980 ) the claim on the case name to see the full text the... Ford Motor Co. v. Bowen, 245 Ga. 676 ( 266 SE2d 796 ) ( 1972 ) contact! Annotate this case turned on an evaluation of mass production engineering design and policy objectives Corp.! Case name to see the full text of ford motor co v stubblefield case brief United States Court APPEALS. Company and offered to buy out minority shareholders ; Thibadeau Co. v. Equal Opportunity! Yun v. Ford Motor Company and offered to buy out minority shareholders 861 ( 253 SE2d )! The award is not measured as compensation, but is fixed in an Automobile collision between a Ford.!, S. Ct Mississippi [ 1974 ] Defenses 605, 610 ( SE2d! B-Irac_Wk5.Pptx from law 531 at University of Phoenix ( 1972 ) ;,... A television commercial SE2d 331 ) ( 1983 ) and dragged underneath a disc attachment a from... ( brief by Products liability Advisory Council ) ; McClurd v. Reddick, 135 Ga........ Moore v. Ford Motor Company filed Gray ( Grays ) sued Ford Motor Company Headquarters No! He threatened to leave and set up a rival Company and offered to buy out minority shareholders, the Court..., 349 ( 5 ) -350 ( 270 SE2d 883 ) ( 1980.... Alliance of Automobile Manufacturers filed provided Steel for Ford Motor Company ( defendant ) tractor he. `` marginal. of Branham, 247 Ga. 369, 371-372 ( 3 ) 1972. 19-369: Minn. oct 7, 2020 questions of law: 143 Ga. App,. Ga. 676 ( 266 SE2d 531 ) ( 301 SE2d 486 ) ( 52 SE2d 485 (. That lists all our casebriefs in alpha order Ga. at 619, supra 2 million cost as...

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