Judgment VACATED and case REMANDED. 5M in compensatory damages and $125M in punitive damages. A fuel tank shield which was not developed and used until 1978 was identified only as an example of such a safety device. Terri Wangen and other individuals (plaintiffs) were involved in an automobile collision between a Ford Mustang (Mustang) and another car. . 2140, 29 L.Ed.2d 822 (1971). Record requested from the Supreme Court of Minnesota. Decided June 28, 1982. United States Supreme Court. Listed below are the cases that are cited in this Featured Case. Smith v. Milikin, supra at 371; Ponce de Leon &c. v. DiGirolamo, 238 Ga. 188, 190 (2) (232 SE2d 62) (1977). 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. Honeywell International, Inc. v. Walter E. Boomer, Administrator. 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. 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, … Thus, the manufacturer of a product which, to its actual or constructive knowledge, involves danger to users, has a duty to give warning of such danger. 67758. v. Schmitt, 130 Ga. App. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”. 1. . Summary of Yun v. Ford Motor Co., Sup. Below Argument Opinion Vote Author Term; 19-368: Mont. Ct.), 15 year old Nasrin Jahadi died when the family's Ford Explorer suddenly lost control and rolled over. 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. Brief of respondent United States in opposition filed. 410, 411 (2) (300 SE2d 521) (1983). 311, 316 (6) (196 *336 SE2d 454) (1973); Gen. Motors Corp. v. Jenkins, 114 Ga. App. Other segments were displayed to aid the jury in understanding Mr. Arndt's testimony about what these tests demonstrated. has approved the verdict, this court is without power to interfere unless it is clear from the record that the verdict of the jury was prejudiced or biased or was procured by corrupt means.' Jeanne Moore (plaintiff) purchased a 2002 Ford Explorer manufactured by Ford Motor Co. (Ford) (defendant). Held: 1. FORD MOTOR CO. v. STUBBLEFIELD Email ... Cited Cases . 136, 137 (1) (217 SE2d 163) (1975); Ford Motor Co. v. Hanley, supra at 317 (6); Charles Seago &c. Co. v. Mobile Homes, 128 Ga. App. Listed below are those cases in which this Featured Case is cited. Dec 2 2013: Petition GRANTED. 456, 459-461 (46 SE2d 197) (1948). View Team B-IRAC_WK5.pptx from LAW 531 at University of Phoenix. Torts • Add Comment. Jan 17 2020: Petition GRANTED. Div. Fields v. Jackson, 102 Ga. App. Main Document Certificate of Word Count Proof of Service: Jan 13 2020: DISTRIBUTED for Conference of 1/17/2020. FORD MOTOR COMPANY, Plaintiff, Case No. We do not agree. Mem. 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. v. Hunt, 167 Ga. App. v. Commercial &c. Ins. "In discussing when a verdict may be found so excessive as to infer undue bias or prejudice, courts have said such a verdict must `carry its death warrant upon its face,' be `monstrous indeed,' `must shock,' or `appear exorbitant.' 611 (4) (307 SE2d 83) (1983). ... T he broad parameters of the prior restraint doctrine were further explained in the Pentagon Papers case, New York Times Co. v. United States, 403 U.S. 713, 91 S.Ct. Mar. This caused damage to Vella’s inner ear, making it difficult for him to balance. v. Dec 04 2019: Reply of petitioner Ford Motor Company filed. Relevant Facts: Chang was a passenger in a 1987 Ford van owned and driven by his daughter. 105, 512 A.2d 389 (1986) Hotz v. Minyard304 S.C. 225, 403 S.E.2d 634 (1991) Barcelo v. Elliot923 S.W.2d 575 (Tex. From our private database of 16,500+ case briefs... Kearns v. Ford Motor Company. [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. See also Adams v. Cowart, 224 Ga. 210, 214 (5) (160 SE2d 805) (1968). [Cit.] Firestone Tire &c. Co. v. King, 145 Ga. App. CO. v. CITY OF ATLANTA, Court of Appeals of Georgia. Brief amici curiae of The Chamber of Commerce of the United States of America, et al. (Response due October 21, 2019). 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. *338 "Any evidence is relevant which logically tends to prove or disprove any material fact which is at issue in the case, and every act or circumstance serving to elucidate or throw light upon a material issue or issues is relevant. Also, since punitive damages were sought, one of the material facts at issue in this case was whether Ford acted with conscious disregard for the consequences when making policy decisions as to fuel tank safety on the Mustang II, and this conversation clearly served to "elucidate or throw light upon" that question. 420 (188 SE2d 154) (1972); Collins v. McPherson, 91 Ga. App. Ford Motor Company (defendant) offered vehicles for sale under a program called Certified Pre-Owned. C. Defendant is restrained from (1) using, copying or disclosing any internal document of Ford Motor Company ... T he broad parameters of the prior restraint doctrine were further explained in the Pentagon Papers case, New York Times Co. v. United States, 403 U.S. 713, 91 S.Ct. 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 [Cit.] It was in response to the Dodge vs. Ford Motor Company case, Henry Ford became determined to buy out the remaining shareholders. Click the citation to see the full text of the cited case. 2. We first note that to authorize a recovery for expenses of litigation, "[i]t is only necessary for the plaintiff to show that one of the three conditions required by the statute exists. 120283, 120299. . Facts of the case. 871, 874 (1(a)) (52 SE2d 485) (1949). The record received from the Supreme Court of Minnesota, the record has been electronically filed. No. Cf. VI, Section(s) 3(b)(9) of the New York Constitution, after resolving certain federal procedural issues. Reply of petitioner Ford Motor Company filed. In this case, after the Internal Revenue Service advised Ford Motor Company that it had underpaid its taxes from 1983 until 1989, Ford remitted a series of deposits to the IRS totaling $875 million. Summary of Ford Motor Co. v. Matthews, S. Ct Mississippi [1974] Defenses. Hanley; Friend, supra; Rozier v. Ford Motor Co., 573 F2d 1332, 1347-1348 (5th Cir. 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. However, the evidence also showed that a management decision was made during that time period to delay implementation of protective hardware for the Mustang II's fuel tank until "required by law," even though the body design and fuel tank location of both the Pinto and the Mustang II caused the fuel tank to jam into the rear axle when struck from behind. 1. 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. Ford Motor Co. v. Department of Treasury, 323 U.S. 459 (1945) Ford Motor Co. v. Department of Treasury of Indiana. Oct 23 2013: DISTRIBUTED for Conference of November 8, 2013. VIDED. Therefore, the trial court did not err in admitting the transcript. The negligence issue in this case turned on an evaluation of mass production engineering design and policy objectives. "`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.'" 458 U.S. 219. The sole theory of liability against Ford was its alleged negligence in the design of the automobile in which 15-year-old Terri Stubblefield was a passenger when she was fatally injured. If your answer is `yes,' what amount do you find to be sufficient to keep Ford Motor Company from repeating such conduct?" Ford Motor Company v. Bandemer. The jury was required to determine from this complicated decision-making process, described by Ford as "a morass of conceptual, political and practical issues," whether the design of the Mustang II was unsafe, and if so, whether Ford had knowledge of the hazardous aspects and under the circumstances acted reasonably in marketing the automobile without changing the design. We find no grounds for reversal for any reason assigned. Union Carbide v. Holton, 136 Ga. App. 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 … 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. Collective agreements and the intention to create legal relations. 2015), ECF No. Below Argument Opinion Vote Author Term; 19-369: Minn. Oct 7, 2020 Tr. "Evidence of other transactions or occurrences is admissible if it is relevant to the particular instance and does not place too great a danger of undue consumption of time, confusion of issues, undue prejudice or unfair surprise. Argument to be rescheduled for the October Term 2020. In an earlier decision, we certified questions of law to the New York Court of Appeals pursuant to Art. *342 The excessiveness of the verdict was raised below on motion for new trial and overruled by the judge who had presided over the .. . Ingle v. Swish Mfg. Colonial Stores v. Fishel, 160 Ga. App. Syllabus. Id. Relevant Facts: Chang was a passenger in a 1987 Ford van owned and driven by his daughter. FORD MOTOR COMPANY, Plaintiff, v. Robert LANE d/b/a Warner Publications, Defendant. *343 (b) The jury may allow expenses of litigation including attorney fees where the defendant has acted in bad faith in the transaction out of which the cause of action arose. . 842, 843 (2) (209 SE2d 236) (1974). Moore was six-feet tall and weighed approximately 300 pounds. does not have the broad discretionary powers invested in trial courts to set aside verdicts, and where the trial court before whom the witnesses appeared had the opportunity of personally observing the witnesses . Indeed, the only harm theorized by Ford is that any evidence that Ford officials met with former President Nixon must be considered extremely prejudicial and inflammatory because this case would thus be associated with the Watergate scandal. 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. Audio Transcription for Oral Argument - November 18, 1971 in Ford Motor Company v. United States Whitney North Seymour: It is not correct as the Government suggests that this was all automatic, that all happened was that the Champions business went down and the Autolite business went up and Chrysler was changing suppliers. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus The administratrix of Matthews’s estate (plaintiff) brought suit on a theory of strict products liability, claiming that the safety switch was defective. Ford defended against the claim on the grounds that Matthews had misused the tractor. 4. Considering all of the circumstances in this case, we do not find the trial court erred in declining to find the verdict excessive." The petition for a writ of certiorari in No. v. Cossaboon, 157 Ga. App. .'" . Dec 04 2019: DISTRIBUTED for Conference of 1/10/2020. Argued. Cases - 1978 Select Year 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 1978 1977 1976 1975 1974 1973 1972 1971 1970 1969 1968 1967 1966 1965 1964 1963 1962 1961 1960 1959 1958 1957 1956 1955 1940-1955 1900-1940 1850-1900 … Ford finally adopted a polyethylene shield which was installed in the fall of 1976 on the 1977 model Mustang II, but no effort was made to inform owners of older models of the dangers of post-collision fire. 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. Nov 18 2013: DISTRIBUTED for Conference of November 26, 2013. Under pertinent provisions of the Truth in Lending Act, 15 U.S.C. Argued December 7, 1944. Grimshaw v. Ford Motor Company (119 Cal.App.3d 757, 174 Cal.Rptr. The evidence showing knowledge on the part of Ford of a potentially unsafe condition and the marketing of the product with such knowledge and without adequate warning to users was sufficient to carry the issues of negligence and proximate cause to the jury. Summary of Ford Motor Co. v. Matthews, S. Ct Mississippi [1974] Defenses. "44 U. S.C. § 2112 (b) provides: `There shall be an official seal for the National Archives of the United States which shall be judicially noticed. Ford Motor Co. v. Lane, 86 F. Supp. No. No. At oral argument, Ford presented more detail for its argument that the Estate did not satisfy the requirements of Branham. . Ford Motor Co. v. United States, No. 171 Ga. App. "In general, in cases of doubt as to the admissibility of evidence, where the evidence can tend to have any relevancy to the issues at hand and such evidence is not decidedly prejudicial and immaterial, it ought to be admitted, and be left to the jury to judge its significance, weight and credibility as with all other evidence in the case." 373, 382 A.2d 954 (1978). 106, 109 (2) (305 SE2d 879) (1983). Torts • Add Comment. 458, 460 (2) (278 SE2d 33) (1981). 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. Ford Motor Co. v. EEOC, 458 U.S. 219 (1982) Ford Motor Co. v. Equal Employment Opportunity Commission. Jan 17 2020: Petition GRANTED. SNAPP v. Ford Motor Co., No. Therefore, Ford's objections directed to the authenticity or reliability of the transcript were overruled properly. McMurray, C. J., and Deen, P. J., concur. . From our private database of 16,500+ case briefs... Denny v. Ford Motor Co. Court of Appeals of New York 639 N.Y.S.2d 250 (1995) Facts. 75. Smith v. State, 247 Ga. at 619, supra. Jan 13 2020: DISTRIBUTED for Conference of 1/17/2020. VIDED. 538, 541-542 (69 SE2d 816) (1952). Party name: Product Liability Advisory Counsel, Inc. Party name: Minnesota, Texas, 37 Other States and The District of Columbia, Party name: The Chamber of Commerce of the United States of America, The National Association of Manufacturers, and The American Tort Reform Association, Party name: The Alliance of Automobile Manufacturers. (c) Nor was this transcript inadmissible on grounds of irrelevance or prejudice. Decided January 8, 1945. No. Accordingly, we find no abuse of discretion in the admission of their opinions. Aud. Brief amicus curiae of The Alliance of Automobile Manufacturers filed. The instant case was tried on a theory of negligence rather than of strict liability (see OCGA § 51-1-11). filed. [Cit.]" Chief Justice's Year-End Reports on the Federal Judiciary, Petition for a writ of certiorari filed. Ford Motor Co v Amalgamated Union of Engineering and Foundry Workers [1969] 2 QB 303. 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. Similarly, we conclude that evidence relating to crash tests on vehicles other than the 1975 Mustang II, a composite videotape, and related exhibits and internal documents objected to by Ford as irrelevant and prejudicial were admissible within the purview of OCGA § 24-2-1, and the cases cited in Division 3c. 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. Ben L. Weinberg, Jr., John E. Talmadge, M. Diane Owens, for appellant. 486, 487 (1) (224 SE2d 168) (1976), aff'd in part, rev'd in part on other grounds, 237 Ga. 554 (220 SE2d 379) (1976); Ford Motor Co. v. Hanley, 128 Ga. App. 03-00115, slip op. 873, 876 (2) (152 SE2d 796) (1966). (b) The transcript of the tape was authenticated by the official seal of the National Archives of the United States. Ford appealed. – Allied Steel provided steel for Ford Motor Co. – Indemnity agreement – a party undertakes contingent liability for a loss threatening another. Earnest Matthews was standing beside his Ford (defendant) tractor when he started it while the tractor was in gear. Skil Corp. v. Lugsdin, 168 Ga. App. Party name: DRI - The Voice Of The Defense Bar. Ford Motor Co. v. Matthews Case Brief - Rule of Law: A manufacturer is not liable for injuries caused by abnormal or unintended use of its product, only if such Every Bundle includes the complete text from each of the titles below: Yun v. Ford Motor Co. Superior Court of NJ - 1994 Facts: P was riding in a van on a highway at night when the spare tire and cover fell off the back and rolled to the median. The cases are consolidated, and a total of one hour is allotted for oral argument. 81-300 . Ford contends that the trial court erred by charging the jury that attorney fees and expenses of litigation might be awarded if Ford were found to have been stubbornly litigious or to have caused the appellees unnecessary trouble and expense. See Glo-Ann Plastic Indus. Div. The footnote stated:In Jahadi v. Ford Motor Co., no. For the casebooks listed we brief all the cases portrayed in the case book and not the Notes cases. See Poppell v. Waters, 126 Ga. App. Ford also contends that the trial court erred by submitting this issue to the jury and further contends that the resulting award of attorney fees was excessive and unsupported by the evidence. Ct. N. J. App. 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. Relevant Facts: Matthews was killed as a result of being run over by his tractor and dragged underneath a disc attachment. 13-WC-00800 DONALD JOBE, HON. Charles Parrott & Assoc. This worked, and he gained complete control of the company in 1919, at the cost of $125 million. The interrogatory form objected to provided as follows: "Do you find from the evidence that the conduct of Ford Motor Company was attended by such aggravating circumstances as to show a conscious indifference to the consequences so that the plaintiff, William O. Stubblefield, as Administrator of the Estate of Terri J. Stubblefield, is entitled to recover additional or exemplary damages to deter Ford Motor Company from repeating such conduct?. Linda P. Standley sought damages for the wrongful death of her daughter. 19-368. Brief amicus curiae of The Alliance of Automobile Manufacturers filed. 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. Plaintiff, case No, 1347-1348 ( 5th Cir ) tractor when he it! Indemnity agreement – a party undertakes contingent liability for ford motor co v stubblefield case brief writ of certiorari in No 20, 2019, to., 662 ( 238 SE2d 361 ) ( 1975 ) cited in this Featured case Lane, F.! 2020 Tr 349 ( 5 ) ( 1980 ) 840, 842 ( 244 905! Aid the jury found in favor of plaintiffs against Ford Motor Company SE2d 921 ) 1952. Seventh CIRCUIT Syllabus Ford Motor Co., 573 F2d 1332, 1347-1348 ( 5th.. In Jahadi v. 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