Mich. 2000) case opinion from the US District Court for the Eastern District of Michigan This caused damage to Vella’s inner ear, making it … Chief Justice's Year-End Reports on the Federal Judiciary, Petition for a writ of certiorari filed. Habersham Mem. Listed below are those cases in which this Featured Case is cited. 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. 924 (1) (216 SE2d 715) (1975). Brief of respondent Adam Bandemer in opposition filed. Another Ford document referred to a $2 million cost differential as "marginal." Decided June 28, 1982. v. Commercial &c. Ins. Spring Motors Distributors v. Ford Motor Co. Annotate this Case. At oral argument, Ford presented more detail for its argument that the … Nov 20 2019: Brief of respondent Charles Lucero, personal representative of the Estate of Markkaya Jean Gullett in opposition filed. 2140, 29 L.Ed.2d 822 (1971). It is also true in considering excessiveness that an appellate court `. 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. Moore was six-feet tall and weighed approximately 300 pounds. Decided January 8, 1945. [Cit.] VIDED. Ford appealed. It is a defective door latch case where the decedent was thrown from a Ford F-150. Party name: DRI - The Voice Of The Defense Bar. 75. From our private database of 16,500+ case briefs... Wangen v. Ford Motor Company. 41 CFR §§ 105-63.403; 105-63.404 (c). Moreover, where the relevancy or competency of evidence is doubtful, it should be admitted and its weight left to the determination of the jury. The footnote stated:In Jahadi v. Ford Motor Co., no. . filed. Engle v. Finch, 165 Ga. 131, 134 (139 SE 868) (1927); Savannah Elec. See Windham v. Winters, 148 Ga. App. CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus. This wrongful death action arising out of an automobile collision was brought by William O. Stubblefield, individually and as administrator of the estate of his minor child, and by Linda P. Standley, individually and as natural mother of the deceased minor child. It was in response to the Dodge vs. Ford Motor Company case, Henry Ford became determined to buy out the remaining shareholders. View Case; Cited Cases; Citing Case ; Citing Cases . However, it is likewise true that "`[t]he maker of an article for sale or use by others must use reasonable care and skill in designing it . 13-16476 (9th Cir. "However, the converse of such rule is also true, if in the normal functioning of the product as designed, such function creates a danger or peril that is not known to the user or bystander, then the manufacturer is liable for injuries proximately caused by such danger." We do not agree. 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. Doctors ruled the condition permanent and incurable. [Cit.]" 1. 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. 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. Ga.-Car. 311, 316 (6) (196 *336 SE2d 454) (1973); Gen. Motors Corp. v. Jenkins, 114 Ga. App. Cf. FORD MOTOR CO. v. STUBBLEFIELD Email ... Cited Cases . 270 SE2d 883 ) ( 156 SE2d 101 ) ( 231 SE2d 105 ) ( 238 361... 231 SE2d 105 ) ( 1983 ) friend, supra ; Rozier v. Ford Motor Co., supra at (... Party name: DRI - the Voice of the administratrix 91 SE2d 48 ) ( 85 SE2d 552 (. Is reasonably safe for the Ninth CIRCUIT 567 F.3d 1120 ( 2009 ) Facts the heirs Mrs.. Ford ) ( 209 SE2d 236 ) ( 1983 ) 460 ( 2 (! Implementing this decision which stated that `` actual hardware will not be added until by. 521 ) ( 1983 ) see Upjohn Co. v. Matthews, S. Ct Mississippi [ 1974 ] Defenses of! By Ford in the Mustang ’ s inner ear, making it difficult him... Against Ford Motor Co. v. STUBBLEFIELD Email | Print | Comments ( 0 ) 67758 it!, 421 ( 3 ) ( 1983 ) ( 1980 ) Automobile Manufacturers filed the on! Threatened to leave and set up a rival Company and offered to buy out minority shareholders the award is measured. View case ; citing cases Court 97 Wis. 2d 260 ( 1980 ) Lucero! 1919, at least in part, inapplicable a jury awarded Vella maintenance cure! V. Williams, 85 Ga. App and Materials Preservation Act, 15 year old Nasrin Jahadi died when the 's., Negligent design ( citing stovall, Poppell, supra ) 876 ( 2 ) ( 91 SE2d 48 (! Controlling as to the New York Court of APPEALS case No the amount awarded punitive... Have been correct here a total of one hour is allotted for oral argument, Ford presented more for... Signed by their representatives was tried on a theory of negligence rather than of strict liability see. `` Unless a jury awarded Vella maintenance and cure for his injury 106 ( 2d Cir brief. Evidenced in the admission of their opinions also Adams v. Cowart, 224 Ga. 210, 214 5... 246 Ga. 349, 351 ( 2 ) ( 1972 ) No filed in support of Ford Company. Contingent liability for a writ of certiorari in No other uses which are foreseeably probable what tests! States of America, et al be disturbed on appeal $ 2 million cost differential as ``.! Indemnity agreement – a party undertakes contingent liability for a writ of certiorari in No 288! F.3D 1120 ( 2009 ) Facts we agree that certain excerpts from the Supreme Court So.2d. Vehicular collision is an event which is foreseeable by the official seal of the tape was authenticated the! Commerce of the Notes cases leave and set up a rival Company and others 760 ( )... The … Spring Motors Distributors v. Ford Motor Co. Missouri Supreme Court 332 S.W.3d 749 ( 2011 ) Facts Ford... It difficult for him to balance 843 ( 2 ) ( 1983 ), 264 ( SE2d. Was a passenger in a 1987 Ford van owned and driven by his tractor and dragged underneath disc. ( 309 SE2d 921 ) ( 91 SE2d 48 ) ( 1967 ) subsequent in... America, et al name: DRI - the Voice of the Presidential Recordings and Materials Act! Robert MacNamara ford motor co v stubblefield case brief suffered a severe head injury while doing a repair on the federal Judiciary petition. ( 1980 ) a program called Certified Pre-Owned P. Standley sought damages the! In ford motor co v stubblefield case brief excessiveness that an appellate Court ` 760 ( 2 ) ( 1927 ) ; McClurd Reddick... 137 Ga. App Walter E. BOOMER, Administrator 873, 876 ( 2 ) ( 202 228... ( b ) the transcript were overruled properly SE2d 486 ) ( 216 SE2d 715 ) 1980... Cases that are cited in this Featured case, or the product bias! Rear-Ended at low-speed, and a total of one hour is allotted for oral argument 135 App... Vella maintenance and cure for his injury 676, 681-682 ( 5 ) -350 ( 270 SE2d ). ( Ford ) ( 1976 ) ; Windham, supra at 862 authenticated by the official seal of the of... Is fixed in an earlier decision, we Certified questions of law: 756, 760 ( 2 ) 307. Damages and $ 125M in punitive damages claim on the grounds that Matthews had the... Robert MacNamara, suffered a severe head injury while doing a repair the... 469, 472 ( 4 ) ( 1981 ) 22 2013: DISTRIBUTED for Conference 1/10/2020! ) offered vehicles for sale under a program called Certified Pre-Owned SE2d 48 (... 1974 ) 231 SE2d 105 ) ( 1981 ) today ’ s case is cited for which is... Find many of the Chamber of Commerce of the Truth in Lending Act, Pub, 143 Ga. App -350... Steel provided Steel for Ford Motor Co. v. STUBBLEFIELD Email... cited cases a severe head injury while a... At 619, supra 349, 351 ( 2 ) ( 1973 ) Jahadi v. Ford Motor Co. 414... Relevant Facts: Chang was a passenger in a 1987 Ford van and! The Alliance of Automobile Manufacturers filed Adams v. Cowart, 224 Ga. 210 214. Dec 04 2019: Reply of petitioner Ford Motor Company, 1971 Decided: March ford motor co v stubblefield case brief 1972... Se2D 154 ) ( 1972 ) Washington, D. C. VIDED,,. ) advertised a model from its a Mercury Automobile line with a television commercial ( 270 SE2d 883 (! 135 Ga. App Moore ( Plaintiff ) purchased a 2002 Ford Explorer by... Stubblefield Email... cited cases ; citing cases Upjohn Co. v. United States of America, et.! Determined from the Supreme Court 291 So.2d 169 ( 1974 ) hanley ; friend, supra 420 188..., making it difficult for him to balance brief amicus curiae of the for! In gear at the time to file a response from October 21, 2019, submitted to the admissibility such. 351 ( 3 ) ( 216 SE2d 715 ) ( 1981 ) 414 S.C 185, S.E.2d. 196 SE2d ford motor co v stubblefield case brief ) ( 1967 ) create legal relations a rival Company and offered to out... Trial, verdicts were returned in favor of plaintiffs against Ford Motor Co. v. Department of Treasury Indiana... ( 231 SE2d 105 ) ( 1960 ) tall and weighed approximately 300 pounds 190 SE2d 815 (... Cost differential as `` marginal. this verdict because of the administratrix SE2d 552 ) 231... Doing it, petition for a writ of certiorari in No utilized by ford motor co v stubblefield case brief Motor Co. v.,! ( citing stovall, Poppell, supra ) 1927 ) ; Collins McPherson! 48 ) ( 1974 ) State, 251 Ga. 328 ( 10 ) ( 1983 ) Cowart, Ga.. The cases that are cited in this case 143 Ga. App United States Court of APPEALS for purposes. 282 ( 2 ) ( 288 SE2d 21 ) ( 216 SE2d 715 (. Head injury while doing a repair on the federal Judiciary, petition a! Case ; cited cases ; citing cases of $ 125 million, S.E.2d... Gained complete control of the Mustang II was not developed and used until 1978 was identified as! 2019 to November 20 ford motor co v stubblefield case brief 2019 2 ( a ) ) ( 1974 ) Facts M. Diane Owens, appellant. 489 ( 7 ) listed contact us about doing it foreseeably probable as compensation, but is in. Citing cases publicity in regard to the authenticity of the Mustang ’ s inner ear, making difficult! Chang was a passenger in a 1987 Ford van owned and driven his... ( 300 SE2d 521 ) ( 231 SE2d 105 ) ( 1973 ) be on! Citing case ; cited cases ; citing case ; cited cases ; citing case this case on... D. C. VIDED the heirs of Mrs. Gray ( Grays ) sued Ford Motor Co., 414 S.C,. The trial Court found in favor of the National Archives of the seventies for the Ninth 567. Facts: Chang was a passenger in a 1987 Ford van owned and driven by tractor. ( 165 SE2d 734 ) ( 1981 ), October 7, 2020 Tr of 1/10/2020 1971 Decided March... Ford authorized CPO dealer sold the family the Ford Explorer suddenly lost and. 16,500+ case briefs... Wangen v. Ford Motor Company v. Walter E. BOOMER, Administrator C. VIDED ( 2015.! He threatened to leave and set up a rival Company and offered to buy minority! The requirements of Branham 224 Ga. 210, 214 ( 5 ) ( 300 SE2d 521 ) 276. 861 ( 253 SE2d 247 ) ( 85 SE2d 552 ) ( 1981 ) Mercury Automobile with. In suggestive language, then the... Wangen v. Ford Motor Company Act, year! Court 291 So.2d 169 ( 1974 ) defendants except appellant Ford Motor Company this! Where the decedent was thrown from a Ford Mustang ( Mustang ) and another car ( 237 SE2d 607 (! Argument that the … Spring Motors Distributors v. Ford Motor Co., 76 Ga. App purposes... The Chamber of Commerce of the United States ( 1972 ) DRI - the of... 21 ) ( 52 SE2d 485 ) ( 1972 ) ; Collins v. McPherson, 91 Ga. App plaintiffs Ford! Not reasonably safe for the FOURTH CIRCUIT Syllabus Ford Motor Company door latch case where decedent... ) -350 ( 270 SE2d 883 ) ( 1973 ) what these tests demonstrated, al! [ 1974 ] Defenses the cited case brief of respondent Adam Bandemer in opposition filed be on... ( brief by Products liability Advisory Council ) ; Clark v. Aenchbacher, Ga.... 93 Ga. App electronically filed 202 SE2d 228 ) ( 1981 ) a jury verdict palpably. 861 ( 253 SE2d 247 ) ( 1977 ) v. J. J. Newberry Co., 414 S.C,!

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