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Grimshaw v Ford Motor Co [1981]

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The Commission did not recommend any changes in the wrongful death statute Code Civ. Appendix A contains these reports and appendix B contains select financial ratios calculated in the analysis. A party can be compelled to identify the experts whom he contemplates calling as witnesses and such experts may, upon good cause shown, be deposed by the other party. The heirs simply moved to amend their wrongful death cause of action to seek punitive damages. Due to relatively new threats to the industry, increasing numbers of cars and trucks are parked in dealer lots and showrooms creating an alarming trend of stagnation and profit erosion. California's first wrongful death statute Stats. Ford complains that while Exhibit No.


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Grimshaw v. Ford Motor Co.

grimshaw motors

During the first few months of ownership, they had to return the car to the dealer for repairs a number of times. Ford attempts to minimize the precedential force of the foregoing decisions on the ground they failed to address the position now advanced by Ford that intent to harm a particular person or persons is required because that was what the lawmakers had in mind in 1872 when they adopted Civil Code section 3294. Ford therefore cannot complain of the failure to instruct on the risk-benefit test. Plaintiffs' responses to Ford's demand for the names of the experts and to codefendant Wilson-Ford's motion to compel election were filed before January 10, 1977. The present case comes within one or both of the categories described in subdivisions c and d. If the tank had been located over the rear axle, it would have been safe in a rear impact at 50 miles per hour or more. Ford sought to introduce the evidence to show that proportionately the Pinto produced no greater chance of injury or death from fire than other vehicles.

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Grimshaw Autos

grimshaw motors

He was then asked whether this situation resulted in criminal charges against Ford. The formal roofed 2-door hardtop was not available this year, but the roofline was used for the Galaxie 2-door pillared sedan and it had been the most popular body style in the line for 1959, and sales dropped off sharply. The court prefaced its specification of reasons with a recitation of the judicially established guidelines 16 for determining whether a punitive award is excessive. Two characters of the vehicle that led to it being less crush resistant was the very small chrome bumper and the missing reinforced members known as hat members. Robinson, one of the attorneys for plaintiffs, stated that if Ford's motion were to be granted, plaintiffs would as a matter of fairness seek the names of witnesses and experts acquired by Ford after the last exchange of information and depose such witnesses, all of which would result in undue delay of the trial.

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Grimshaw v. Ford Motor Co. (1981) :: :: California Court of Appeal Decisions :: California Case Law :: California Law :: US Law :: Justia

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This made the cost differences far greater than they may have been in real life. Conclusion This case was answered with what is called the Statement of Facts Mrs. Ford Motor Company is a case in point and ought to be read by everyone. Might be worth asking a Legal editor. In at least one test, spilled fuel entered the driver's compartment through gaps resulting from the separation of the seams joining the real wheel wells to the floor pan.

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Grimshaw v. Ford Motor Company

grimshaw motors

Producing junk because it is too expensive to change the technology base is bad enough. Nor was the size of the award excessive in light of its deterrent purpose. The fourth generation of family publishers, Otis Chandler, held that position from 1960 to 1980, Otis Chandler sought legitimacy and recognition for his familys paper, often forgotten in the power centers of the Northeastern United States due to its geographic and cultural distance. With respect to a corporate employer, the advance knowledge, ratification, or act of oppression, fraud, or malice must be on the part of an officer, director, or managing agent of the corporation. Finally, Ford maintains that even if punitive damages were appropriate in this case, the amount of the award was so excessive as to require a new trial or further remittitur of the award. Subject to amplification when we deal with specific issues, we shall set out the basic facts pertinent to these appeals in accordance with established principles of appellate review: We will view the evidence in the light most favorable to the parties prevailing below, resolving all conflicts in their favor, and indulging all reasonable inferences favorable to them. Max Jurosek, Chief Chassis Engineer, were aware of the results of the crash tests and the defects in the Pinto's fuel tank system.


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The Ford Pinto

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He has undergone numerous and extensive surgeries and skin grafts and was expected to have to undergo additional surgeries over the next 10 years. Misconduct of counsel during argument may not be raised on appeal where the complaining party's counsel sat silently by during the argument, allowed the alleged improprieties to accumulate without objection, and simply made a motion for a mistrial at the conclusion of the argument. Thus, the exhibits showed the defect in the Pinto's gas tank location and design, the hazard created by the protrusions on the differential housing, and, in addition, they served as evidence of Ford's awareness of those defects. In any event, the question could not have affected the verdict in view of the prompt admonition to the jury to disregard the question and in view of the judge's frequent admonitions throughout the trial that counsel's questions were not evidence and that no inferences were to be drawn from them. More importantly, most of the questions of which Ford now complains were properly asked on cross-examination of Ford's experts.


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Grimshaw vs. Ford Motor Company by Tyler Decker on Prezi

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Tubben and Ford's carburetor expert. After the 1769 expedition of Gaspar de Portolà, a Spanish expedition led by Junipero Serra named the area Valle de Santa Ana, on November 1,1776, Mission San Juan Capistrano became the areas first permanent European settlement. The evidence was not that Mr. I feel that Ford should have more closely and heavily weighed the cost of the lives of those that would be lost in using this new vehicle. First, the excluded study encompassed only a small number of collisions which resulted in Pinto fires, thus rendering the sampling open to misleading inferences. Accordingly, I concur in the judgments and in the opinion except as to those portions.

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The Ford Pinto

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It is settled that misconduct of counsel in argument to the jury may not be urged for the first time on appeal absent a timely objection and request for admonition in the trial court if timely objection and admonition would have cured the harm. The legs bounce, the eye is a old headlight that has been hand painted. Under their pressure the companies went public, or split apart, thats the pattern followed over more than a century by the Los Angeles Times under the Chandler family. The trial court, however, did not base its decision solely on the ratio of punitive to compensatory. Assuming that enhancing the witness' credibility was not a valid independent basis for the court's ruling, the evidence was nevertheless admissible 1 because it went to the witness' qualification as an expert and 2 because it was relevant to the issue of malice on Grimshaw's claim for punitive damages. A 1972 Ford Pinto hatchback automobile unexpectedly stalled on a freeway, erupting into flames when it was rear ended by a car proceeding in the same direction. We find no abuse of discretion in the court's ruling denying a mistrial.

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