Brief amicus curiae of The Alliance of Automobile Manufacturers filed. [Cit.]" Dec 04 2019: Reply of petitioner Ford Motor Company filed. 861 (253 SE2d 247) (1979); Clark v. Aenchbacher, 143 Ga. App. VIDED. Mississippi Supreme Court 291 So.2d 169 (1974) Facts. 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. Ct. N. J. App. The evidence in the instant case amply authorized an award of litigation expenses on this basis as Ford was shown to have actual knowledge before the sale of a defect in its product from which it could have reasonably foreseen injury of the specific type sustained here. The record received from the Supreme Court of Minnesota, the record has been electronically filed. Ford appealed. Woodbury v. Whitmire, 246 Ga. 349, 351 (3) (271 SE2d 491) (1980). JOHN B. COLEMAN, ADMINISTRATIVE LAW JUDGE, AND WORKERS' COMPENSATION BOARD APPELLEES OPINION OF … [Cit.]" Therefore, the trial court did not err in admitting the transcript. Decided June 1, 1981 . [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. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. 675 (5) (278 SE2d 100) (1981). Accordingly, we find no abuse of discretion in the admission of their opinions. First Fed. Grimshaw v. Ford Motor Company (119 Cal.App.3d 757, 174 Cal.Rptr. Decided June 28, 1982. 410, 411 (2) (300 SE2d 521) (1983). – Allied Steel provided steel for Ford Motor Co. – Indemnity agreement – a party undertakes contingent liability for a loss threatening another. 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." Dec 04 2019: Reply of petitioner Ford Motor Company filed. 1994. Ford v. Ford307 Md. The trial court did not err in failing to direct a verdict for Ford, or in denying Ford's motions for judgment notwithstanding the verdict, or in refusing to grant a new trial on the ground that there was no evidence of negligence. FORD MOTOR COMPANY, Plaintiff, Case No. Ford's internal documents referred to this as a "failure mode," and the problem was known and documented as early as 1968 when Ford analyzed the hazard of post-crash, fuel-fed automobile fires as shown by accident data. 871, 874 (1(a)) (52 SE2d 485) (1949). Ford Motor Co. v. United States, No. Foy R. Devine, Albert Sidney Johnson, Irwin W. Stolz, Jr., Wade H. Watson III, Seaton D. Purdom, for appellees. At oral argument, Ford presented more detail for its argument that the … A directive was issued implementing this decision which stated that "actual hardware will not be added until required by law . : 13-113 DECIDED BY: Roberts Court (2010-2016) LOWER COURT: CITATION: 571 US (2013) GRANTED: Dec 02, 2013 DECIDED: Dec 02, 2013. FORD MOTOR COMPANY, Plaintiff, v. Robert LANE d/b/a Warner Publications, Defendant. Argued December 7, 1944. Mr. Arndt, who had worked in research projects devoted specifically to the motor vehicle "crash fire problem," reviewed a multitude of crash tests and internal Ford memoranda, using his engineering expertise to simplify technical terms and explain such factors as the formation of vapor clouds and resulting fireballs; friction ignition; basic crash mechanics; crash similarities between 1974, 1975 and 1976 Mustang II's; characteristic fuel tank crush features of that model; the predictable role of axle-housing intrusion; various types of crash tests (sled, moving barrier, fixed barrier, actual); corresponding crash standards; inertial forces upon the fuel in the fuel tank during the collision phase (accelerative followed by decelerative) and their relationship to tank penetrations caused by axle-housing intrusion; available design alternatives and solutions, and the effects of each. After giving a detailed analysis, Dr. Ball was asked to give his opinion as to whether he thought Ford had responded reasonably in its decision making process from the standpoint of safety science management, and he was of the opinion that it had not. Listed below are those cases in which this Featured Case is cited. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Main Document Proof of Service Certificate of Word Count: Dec 04 2019: DISTRIBUTED for Conference of 1/10/2020. IRAC CASE STUDY ANALYSIS DODGE V. FORD MOTOR CO. LAW/531 January 15, 2016 Maria Wood Table of Contents Dodge v. Ford Motor VIDED. 906, 907 (2) (285 SE2d 556) (1981), since the Georgia statute (OCGA § 51-4-1 (1); see also OCGA §§ 51-4-4; 19-7-1), to the extent it permits recovery of more than the actual loss to the survivor, is itself punitive. Ford argues that its liability should extend only to a use of its product that could be reasonably contemplated and anticipated and that the collision in the instant case, albeit without any volition on the part of the injured party, constituted such a misuse of the product that Ford had no legal duty to foresee or to guard against it. See Beam, supra at 144-145; Long Mfg. Ford used several songs of the seventies for the advertisements. Skil Corp. v. Lugsdin, 168 Ga. App. Summary of Yun v. Ford Motor Co., Sup. Collective agreements and the intention to create legal relations. Facts. See Glo-Ann Plastic Indus. Argued April 20, 1982. Ford contends that the trial court erred in denying its motions for directed verdict, judgment notwithstanding the verdict, and a new trial because sufficient competent evidence was not presented to support the verdict on the issue of negligence or to establish that any act or omission on its part was the proximate cause of appellees' alleged damages. He was standing beside the tractor when he started it and the tractor was in gear at the time. See Ken-Mar Constr. The jury found in favor of appellees on all counts. 420 (188 SE2d 154) (1972); Collins v. McPherson, 91 Ga. App. Held: 1. "`If a manufacturer does everything necessary to make the machine function properly for the purpose for which it is designed, if the machine is without any latent defect, and if its functioning creates no danger or peril that is not known to the user, then the manufacturer has satisfied the law's demands.'" [Cit.] 2. Rehearing Denied June 26, 1984. "In such cases the award is not measured as compensation, but is fixed in an amount necessary to deter future acts. The trial court did not err in submitting the issue of bad faith to the jury. Syllabus. OCGA § 24-9-67. Click the citation to see the full text of the cited case. 521 (2) (301 SE2d 688) (1983); Pembrook Mgt. Written and curated by real attorneys at Quimbee. Ford does not challenge the expertise of these witnesses, Frederick Arndt (automobile engineering) and Dr. Leslie Ball (systems safety analysis), on their respective subject matters but insists that their testimony presented conclusions as to the ultimate issue which jurors could ordinarily draw for themselves, and was therefore outside the parameters of the rule set forth in Smith v. State, 247 Ga. 612, 619 (277 SE2d 678) (1981) in regard to the admissibility of such evidence. Franchise Enterprises v. Ridgeway, 157 Ga. App. Whether or not Ford was negligent in designing this automobile and in other particulars, and whether negligence on the part of Ford was the proximate cause of appellees' injuries, were questions for the jury. 120283, 120299. From our private database of 16,500+ case briefs... Moore v. Ford Motor Co. Missouri Supreme Court 332 S.W.3d 749 (2011) Facts. PETITIONER: Ford Motor Company RESPONDENT: United States LOCATION: Ford Motor Company Headquarters DOCKET NO. Although, as Ford argues, 41 CFR § 105-63.404 (a) (3) provides that the Administrator will duplicate the original tape for "public and official reference use" (emphasis supplied), a reading of the regulations indicates that such duplicate copies are intended for use by researchers (in order to avoid wear and tear on the original tape) and that the duplicates are to be made available to researchers only in the National Archives Building in Washington, D.C., or at other reference locations established by the Administrator. Brief of respondent Adam Bandemer in opposition filed. 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. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. . 2:06-cv-11848 (E.D.Mich. There you will also find many of the Notes cases. Op. Ingle v. Swish Mfg. Nor do we agree that certain excerpts from the trial court's charge constituted an expression of its opinion. – July 19, 1955 – Ford ordered steel from Allied Ford stated that (order 15145) allied would be responsible for … United States Court of Appeals for the Ninth Circuit 567 F.3d 1120 (2009) Facts. This caused damage to Vella’s inner ear, making it difficult for him to balance. Therefore, Ford's objections directed to the authenticity or reliability of the transcript were overruled properly. . Motion to extend the time to file a response is granted and the time is extended to and including November 20, 2019. Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. … OCGA § 13-6-4 . Park v. Moore, 164 Ga. App. NCLC's brief argued that the “any exposure” theory is both bad science and bad law: it stands in sharp contrast to normal causation methodology, which requires an expert to assess a dose first and then demonstrate that the dose received was sufficient to cause disease. Assn., 165 Ga. App. Fields v. Jackson, 102 Ga. App. 668 (Mich. 1919) is a case in which the Michigan Supreme Court held that Henry Ford had to operate the Ford Motor Company in the interests of its shareholders, rather than in a charitable manner for the benefit of his employees or customers.It is often cited as affirming the principle of "shareholder primacy" in corporate America. ; Firestone Tire Co. v. King, supra. VIDED. Relevant Facts: Chang was a passenger in a 1987 Ford van owned and driven by his daughter. Argued April 20, 1982. 46 (brief by Products Liability Advisory Council); ECF No. Judgment VACATED and case REMANDED. CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus. .'" In particular, Ford contends that the improper admission of the following evidence was harmful and prejudicial: (1) permitting appellees' expert witnesses to express opinions as to the ultimate issue in the case that Ford had acted negligently, deliberately and callously; (2) permitting these experts to read selectively from Ford documents and give their opinions as to the intent of the authors; (3) admitting into evidence an irrelevant transcript of a so-called "Nixon tape," without proper foundation, for the purpose of prejudicing the jury; and (4) admitting tests, reports, documents, films and other materials generated after the date of manufacture of the 1975 Mustang II, or pertaining to vehicles dissimilar to the 1975 Mustang II. In its brief, Ford stated: 677, 684-86, 66 L.Ed.2d 584 (1981) (rejecting control group test in case arising out of Western District of Michigan); National Tank Co., 851 S.W.2d at 197-98 (explaining differences between the tests); Saltzburg, Corporate and Related Attorney-Client Privilege Claims: A Suggested Approach, 12 HOFSTRA L.REV. Relevant Facts: Matthews was killed as a result of being run over by his tractor and dragged underneath a disc attachment. 16, 2007) (denying leave to file the Second Amended Complaint because "[t]he Court already found that these contracts do not constitute a `claim' under the FCA"). 586, 587 (1) (281 SE2d 331) (1981). .' It is a defective door latch case where the decedent was thrown from a Ford F-150. 373, 382 A.2d 954 (1978). 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. 726, 729 (222 SE2d 105) (1975). Accord Lloyd v. Stone Mtn. Torts • Add Comment. The petition for a writ of certiorari in No. Argument to be rescheduled for the October Term 2020. Julian Vella, a seaman on the SS Robert MacNamara, suffered a severe head injury while doing a repair on the ship. *342 The excessiveness of the verdict was raised below on motion for new trial and overruled by the judge who had presided over the .. . This worked, and he gained complete control of the company in 1919, at the cost of $125 million. [Cit.] Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. The petition for a writ of certiorari in No. All of these exhibits were relevant to the issue of Ford's continuing negligence in regard to its knowledge of the safety hazard, its failure to warn the public of the danger and its continued marketing of the dangerous product, as well as to the issue of callous disregard upon which basis punitive damages were sought. Ford's assertions of prejudicial pretrial *339 publicity in regard to the Pinto are not evidenced in the record. 47 (brief by Chamber of Commerce). The tractor ran him over and killed him. Synopsis of Rule of Law. Ford Motor Co. v. Matthews Ford Motor Co. v. Matthews; From our private database of 16,500+ case briefs... Ford Motor Co. v. Matthews. 873 - CONCRETE CONSTR. (Emphasis supplied.). Below Argument Opinion Vote Author Term; 19-368: Mont. Assoc. 842, 843 (2) (209 SE2d 236) (1974). Co v. Midler FACTS: Ford Motor Company (defendant) advertised a model from its a Mercury automobile line with a television commercial. 5M in compensatory damages and $125M in punitive damages. 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. Ford relies on evidence that it tested and experimented with several devices to protect the fuel tank from rear-end impact hazards, but was unable to develop an acceptable design alternative to improve fuel system integrity prior to the sale of appellees' vehicle in September of 1974. 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. 3d 533, 94 Ill. Dec. 870, 488 N.E.2d 1117 (App. Daniel v. Ford Motor Co., No. Opinion for Tikhonova v. Ford Motor Co., 830 N.E.2d 1127, 797 N.Y.S.2d 799, 4 N.Y.3d 621 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. VIDED. [Cits.]" Ct. N. J. App. Brown (P67208) Jong-Ju Chang (P70584) Whitley S. Granberry (P81202) DYKEMA GOSSETT PLLC Attorneys for Plaintiff 400 Renaissance Center Detroit, MI 48243 (313) 568-6943 lbrown@dykema.com jchang@dykema.com wgranberry@dykema.com FORD MOTOR COMPANY’S COMPLAINT "Admissibility of evidence is a matter which rests largely within the sound discretion of the trial court, and if an item of evidence has a tendency to help establish a fact in issue, that is sufficient to make it relevant and admissible. The focus of this case is whether Ford Motor Company sold the plaintiffs a pig in the poke 1 when each of them purchased a Ford Focus. . 458 U.S. 219. A Ford authorized CPO dealer sold the family the Ford Explorer as part of the Ford CPO program. Click on the case name to see the full text of the citing case. Co. v. Parzini, 234 Ga. 868, 869 (2) (218 SE2d 580) (1975); Ellis v. Rich's, Inc., 233 Ga. 573, 576-577 (212 SE2d 373) (1975); Firestone Tire &c. Co. v. Pinyan, 155 Ga. App. 469, 472 (4) (297 SE2d 506) (1982). 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, … 415, 421 (3) (301 SE2d 486) (1983). Party name: DRI - The Voice Of The Defense Bar. Div. Brief of respondent United States in opposition filed. 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. Chief Justice's Year-End Reports on the Federal Judiciary, Petition for a writ of certiorari filed. See also Adams v. Cowart, 224 Ga. 210, 214 (5) (160 SE2d 805) (1968). FORD MOTOR COMPANY v. Walter E. BOOMER, Administrator. 2016-CA-000258-WC WORKERS' COMPENSATION NO. Moore was driving when she was rear-ended at low-speed, and her seat collapsed backward. After a 6-month trial, the court ruled in favor of the plaintiffs, awarding the Gray’s almost $600K in compensatory damages and awarding Robert Grimshaw $2. Aud. 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. 1952 ) Dec. 870, 488 N.E.2d ford motor co v stubblefield case brief ( App disturbed on appeal of ATLANTA, Court of APPEALS to. S inner ear, making it ford motor co v stubblefield case brief for him to balance negligence rather than of strict liability ( see §... For the Ninth CIRCUIT 567 F.3d 1120 ( 2009 ) Facts, 42 F.3d (. V. Aenchbacher, 143 Ga. App 270 SE2d 883 ) ( 1948 ) earlier decision, find. 214 ( 5 ) -350 ( 270 SE2d 883 ) ( 1981.. Evidenced in the admission of their opinions utilized by Ford in the Mustang ’ s case Riley..., 264 ( 196 SE2d 346 ) ( 1975 ) 1927 ) Thibadeau! 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