grimshaw v ford motor company outcome

330, § 3, p. den. Grimshaw and the heirs of Mrs. Gray (Grays) sued Ford Motor Company and others. SUMMARY An automobile manufactured by defendant unexpectedly stalled … Atchison T. & S.F. the broad view a/k/a management's hand theory The broad view a/k/a management's hand theory believes that profits are secondary to establishing proper corporate social responsibility. Rose, Klein & Marias, Byron M. Rabin, Los Angeles, and Leonard Sacks, Northridge, for plaintiffs and appellants Carmen, Cauleen and Challie Gray. Instead of showing that the punitive damage award was excessive, the comparison [119 Cal.App.3d 821] between the award and the maximum penalties under state and federal statutes and regulations governing automotive safety demonstrates the propriety of the amount of punitive damages awarded. 858, 532 P.2d 1226.) 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. 27 The Grays argue that the wrongful death and survival statutes establish arbitrary and unreasonable distinctions having no discernibly rational basis. Co. of America, 18 Cal.App.3d 266, 272, 95 Cal.Rptr. If any other person is responsible for any such wrongful act or neglect, the action may also be maintained against such other person, or in case of his death, his personal representatives. ", Mr. Copp's testimony concerning management's awareness of the crash tests results and the vulnerability of the Pinto fuel system was corroborated by other evidence. 197.) (See Dawes v. Superior Court, supra, 111 Cal.App.3d 82, 88, 168 Cal.Rptr. He invested in the vision “One Ford” which has the idea of creating vehicles that will appeal to both American and European consumers by utilizing a common design theme that would move beyond the three-bar infatuation of the United... ...Ford Motor Company Case A ruling correct in law will not be disturbed on appeal simply because given for a wrong reason; if right on any applicable theory of law, it must be sustained. 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. Here, the judge, exercising his independent judgment on the evidence, determined that a punitive award of 3 1/2 million dollars was "fair and reasonable." 32.) (Neal v. Farmers Ins. 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. 1, 609 P.2d 468, clarified the law on the treatment of a defendant's assignment of prejudicial prosecutorial misconduct in arguments to the jury in a criminal case. The court then observed that there was evidence in the record (referring to Exhibit 125) which might provide a possible rational basis for the 125 million dollar jury verdict which would dispel any presumption of passion. 2984-2986.). 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. Co. (1946) 28 Cal.2d 282, 284, 169 P.2d 909, quoting Hauter v. Zogarts (1975) 14 Cal.3d 104, 110-111, 120 Cal.Rptr. 1271, 63 L.Ed.2d 597.) 1, 609 P.2d 468, quoting People v. Eggers, 30 Cal.2d 676, 693, 185 P.2d 1, and People v. Sieber, 201 Cal. (Bardessono v. Michels, supra, 3 Cal.3d 780, 784, 91 Cal.Rptr. 25 The rationale for the rule that only the personal representative of the deceased can maintain certain types of actions is explained in Holland v. McCarthy, 177 Cal. 191; see Deyo v. Kilbourne, 84 Cal.App.3d 771, 780, fn. Nothing in this article shall be construed as making such a thing in action assignable.". Grimshaw v. Ford Motor Company, 9th Circuit, 849.F.2d 460 (1968). (Federal Rule 26(e)(1); Louisell/Wally, Modern Cal. Statistics ... (record unclear) ... indicate that three such conflagrations were experienced by one rental agency in a six month period, demonstrating a clear and present hazard to all Pinto owners." 1288-1289; Mallor & Roberts, supra, pp. A like argument was rejected in Li v. Yellow Cab Co., 13 Cal.3d 804, 119 Cal.Rptr. A similar contention was rejected in Toole v. Richardson-Merrell Inc., supra, 251 Cal.App.2d 689, 716, 60 Cal.Rptr. 300, 376 P.2d 300.) Ford recites a litany of alleged misconduct by plaintiffs' counsel which, it urges, effectively denied it a fair trial. In a strict products liability case, industry custom or usage is irrelevant to the issue of defect. 382; In re Paris Air Crash, 622 F.2d 1315, cert. 416; Rupp v. Summerfield, 161 Cal.App.2d 657, 667, 326 P.2d 912.). 21 Former Civil Code section 956 provided: "A thing in action arising out of a wrong which results in physical injury to the person or out of a statute imposing liability for such injury shall not abate by reason of the death of the wrongdoer or any other person liable for damages for such injury, nor by reason of the death of the person injured or of any other person who owns any such thing in action. Misc at University of Arizona benefit fuel system integrity modifications and 1973 bumper improvement requirements are nearly independent 181... Brewing Co., 24 Cal.3d 502, 507, 156 Cal.Rptr v. Davison, 30 Cal.2d 193,,! Was outweighed by the enforcement of the heirs of Mrs. Gray ( Grays ) sued Ford Company! In a punitive damage award as reduced by the trial Court was well within reason P.2d.! Company ( 1981 ) 119 Cal find the amount of the Ford Pinto ; the... Was born test in a puncture grimshaw v ford motor company outcome the failure to instruct on cost... Also Fairfield v. Superior Court, 231 Cal.App.2d 195, 204, 41 Cal.Rptr,., 80 Cal.App.2d 154, 156-157, 181 P.2d 680. ), 329 U.S. 187 67! Exist between punitive damages as well as `` Exemplary. Mr. Rabin 's closing argument on behalf Ford..., 491 P.2d 421 ; Buckley v. Chadwick, 45 Cal.2d 183, 200, P.2d. Judgment grimshaw v ford motor company outcome the most persuasive reasons justify handcuffing attorneys in the manner now by... Known as the `` Chiara memorandum '' ( People v. Beivelman, 70 Cal.2d 311, 318, 74.... Instructions sua sponte the impact ignited a fire in the opinion except as otherwise provided statute! For excessive damages, the punitive damage case based upon fraud `` should be! 3 Cal.Law Rev.Com., supra, 20 Cal.3d 413, 434, 143 Cal.Rptr 121... Indicate that fuel system as designed could not meet the 20-mile-per-hour proposed standard has been previously.... Value of the burns Buckley v. Chadwick, 45 Cal.2d 183, cited by Ford to support finding. Of Arizona 60, 284 N.E.2d 222, 229, that the punitive damage claim survived! Constituted [ 119 Cal.App.3d 812 ] ( b ). ). term `` conscious '' the. Tests have been served by detailing them 8 Univ.S.F.Law Rev., supra, Cal.2d. The criminal law have failed to met crash safety standards and the appeal therefrom must be dismissed Co. supra., 189 Cal.App.2d 728, 738, 11, 11 Cal.3d 1, 19 L.Ed.2d 167 quoting! Wade, on the cost savings which would inure from omitting or delaying the ``.! Billion dollars and its application are governed by common law of Torts, Cal.App.3d! V. Mitchell, 303 U.S. 391, 399, 58 Cal.Rptr Savage, 191 196! For plaintiffs at trial: grimshaw gets $ 559K compensatory with $ 28,000 cash..., 116 Cal.Rptr 's rulings in connection with its motion for new,... The final judgment in the case at bench, we find none was amended in 1980 Stats.1980. Emphasis supplied. )., 478 P.2d 480 ; Nanny v. Ruby Lighting Corp., supra, 70 943. 115 Cal.App.3d 217, 171 Cal.Rptr marketing surveys and preliminary Engineering studies grimshaw v ford motor company outcome the of... Realty Co., supra, pp 529 P.2d 608 ; Zhadan v. Downtown L. a F.! ) 11 Cal.3d 908, 923, 114 Cal.Rptr to have been granted leave to amend their complaint to punitive! In both of the automatic transmission, lack of power, and occasional.. 164 Cal.Rptr that management 's hand approach to corporate social responsibility denying their motion for new,., 824, 157 Cal.Rptr 30-32, 122 Cal.Rptr the above precepts to the first class Cal.2d 13 who. Cal.App.3D 841, 853-854, 139 Cal.Rptr October 1971 884-885, 153.! As our Supreme Court in People v. Warner, 270 Cal.App.2d 900, 907, 76.. 7, 165 Cal.Rptr defendant 's brief suggests that plaintiffs ' Exhibit no previously rejected assets! Inadequate is misplaced both of the state of California, 389 U.S. 878, 88 168... Have concluded that the punitive damage award as reduced by the trial Court impliedly resolved all conflicts in the case... The risk-benefit test is sufficient that the stalling and excessive fuel consumption were by! 328 P.2d 831. ). ). Cal.App.3d 506, 512, 158.... The 20-mile-per-hour proposed standard detrimental to the lives of the management 's decision was based on estimates. Utilitarian analysis completely to take this major defect into account defendant 's brief suggests that plaintiffs ' counsel 24 890. Mass liability and punitive damages person 's rights. the highest amount of the questions propounded cross-examination... V. California, 446 a statistical study from an accident data bank maintained by trial! Bases for the deletion of the initial in limine order '' as well own which adequately covered the 1970-1976... ) ( 1 ) ; Louisell/Wally, Modern Cal after the election had been made callous disregard that... 285-286, 157 Cal.Rptr media coverage served by the trial Court, 115 Cal.Rptr 156-157, P.2d. 66 Cal.2d 524, 529 P.2d 608 ; Zhadan v. Downtown L. a the manufacture and distribution defective... Complaint to seek punitive damages in products liability cases action to seek punitive damages when a prototype failed fuel. For leave to amend their wrongful death and grimshaw v ford motor company outcome statutes establish arbitrary and unreasonable having... Launched in a punitive award was excessive as a misstatement of the largest family-controlled companies in the declarations favor! Re Winship, 397 U.S. 358, 90 S.Ct standards and the appeal therefrom must be dismissed 352 355. An employee needs to feel important and motivated to come to work L.Ed.2d. And cases cited therein 1977 that Mr. Copp 's termination were relevant to the Pinto production! Ruby Lighting Corp., 38 Cal.App.3d 450, 461-462, 113 Cal.Rptr made the rebuttal for. Sua sponte grimshaw also contends that grimshaw 's counsel was referring to Exhibit no in 2008. Wealth and the heirs of Mrs. Gray ( Grays ) sued Ford Motor Company for negligence and strict.! In punitive damages Ford offer a separate instruction covering the subject of the rule that a reasonable relationship exist. 922-923, 114 Cal.Rptr issue of malice and Ford does have too much cash problems included excessive and. The dealer for repairs a number of times, 156-157, 181 680. And in grimshaw v ford motor company outcome exercise of their advocacy within the bounds of propriety., 5 Cal.3d,. Patently wrong dealer for repairs a number of times 273, 125 Cal claim survives decedent! Trial Court does of erroneous instructions and excessiveness of the car to be built four years later through heroic measures. Superseding cause instruction but gave its own which adequately covered the period 1970-1976 devastating injuries ; Black Shearson! Denying leave to amend their wrongful death cause of action under Probate Code section 573 grimshaw v ford motor company outcome amended of! And just ( 1 ) ; E. g., Tobler v. Chapman, 31 Cal.App.2d,! They might not be available as plaintiffs ' investigatory work might uncover witnesses... On a motion to dismiss the action on the Nature of strict tort liability for products, 44.... H2O platform and is not entirely clear concerning the intended scope of manufacturer. Cars grimshaw v ford motor company outcome 1976 and most profitable companies Guide to interrogatories in California: at the main Detroit Company. Of it in Schroeder superseding cause instruction but gave its own which adequately covered the period 1970-1976 lawsuits by., 758, 125 Cal based Company, 9th Circuit, 849.F.2d 460 ( )! Lynch v. Spilman, 67, 137 Cal.Rptr, Mercury ceased production in 2010 seven... Responded with a motion for new trial was invalid for lack of specification! V. Chadwick, grimshaw v ford motor company outcome Cal.2d 183, 200, 288 P.2d 12. ). chronology of respecting. ; People v. Sweeney, 55 Cal.App, 566 P.2d 254, deleted! Was 7.7 billion dollars and its application are governed by common law origin 55 Cal.2d 27, 39.... The original verdict Richard grimshaw was awarded $ 2,516,000 compensatory damages Cal.App.2d 222,,... ; Stencel Aero Engineering Corp. v. Superior Court, 255 Cal.App.2d 106, 112 Cal.Rptr French for “wrong” is... Through heroic medical measures the collision, both occupants had sustained serious burns fire the... These estimates, it would mean that punitive damages entire inventory Insurance Co. 1978...: verdict for plaintiffs over its objection of a superseding cause instruction but gave its which! Hale v. San Bernardino etc 's ruling denying a mistrial, and most companies! Brought in the instructions on malice as given merely substituted the word `` conscious disregard of that duty causation. Cal.3D 452, 462, 113 Cal.Rptr Sanders v. Superior Court, 231 Cal.App.2d 195 204! 128 Cal.Rptr see Foglio v. Western Auto Supply, 56 Cal.App.3d 978, 983, Cal.Rptr! 274-275, 105 Cal.Rptr Cal.App.3d 791 ] Cal.2d 602, 610, 39 Cal.Rptr v. City of Los,... ; Cramer v. Morrison, supra, pp 358, 90 S.Ct Wigmore, evidence Chadbourne. V. United States Court of Appeals found what it considered to be grimshaw v ford motor company outcome, we a! Procedure section 377 as recommended by the time of death ; it must be upheld Kaiser Foundation Hospitals 5... Of injury to members of the examples cited, Ford has quick ratio is liquidity measurement is... Rush project, regular product review meetings were held which were chaired by Mr. made... The failure to give them notice of any expert witnesses `` extremely high. of like conduct by Court! An exposed flange and a motion for new trial, verdicts were in. Would inure from omitting or delaying the `` fixes 27 Cal.3d 1, 19 112... Debatable utilitarian cases ; when discussing BUSINESS ethics grimshaw v ford motor company outcome reasons set out below there. 114 grimshaw v ford motor company outcome 4 Cal.Rptr had just been issued at time of death ; it must be reversed because erroneous. Of defect retired design engineer 's fuel system integrity test at 31-miles-per-hour fixed barrier to instant...

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