"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. See Denny v. Ford Motor Co., 42 F.3d 106 (2d Cir. After this analysis Mr. Ardnt stated that in his opinion the design utilized by Ford in the Mustang II was not reasonably safe. BACKGROUND 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. (c) Nor was this transcript inadmissible on grounds of irrelevance or prejudice. See also Stewart Oil Co. v. Bryant, 93 Ga. App. Relevant Facts: Chang was a passenger in a 1987 Ford van owned and driven by his daughter. .'" Judgment VACATED and case REMANDED. Record received from the U.S.D.C. Rehearing Denied June 26, 1984. Click the citation to see the full text of the cited case. 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. Motion to extend the time to file a response from October 21, 2019 to November 20, 2019, submitted to The Clerk. See Windham v. Winters, 148 Ga. App. When a copy or reproduction, furnished under this section, is authenticated by the official seal and certified by the Administrator, the copy or reproduction shall be admitted in evidence equally with the original from which it was made.'" v. United States Court of Appeals for the Ninth Circuit 567 F.3d 1120 (2009) Facts. Decided June 28, 1982. Chief Justice's Year-End Reports on the Federal Judiciary, Petition for a writ of certiorari filed. Ford Motor Co. v. Lee, supra at 489 (7). Colonial Stores v. Fishel, 160 Ga. App. 726, 729 (222 SE2d 105) (1975). v. Baker, 165 Ga. 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. Accord Bethea v. State, 251 Ga. 328 (10) (304 SE2d 713) (1983). filed. Today’s case is Riley v. Ford Motor Co., 414 S.C 185, 777 S.E.2d 824 (2015). Ford appeals the judgment entered on the verdict, enumerating as error the failure of the trial court to direct a verdict in its favor on the issues of negligence and causation, liability for punitive damages, and expenses of litigation including attorney fees; and in refusing to grant a motion for judgment notwithstanding the verdict, or in the alternative a new trial, on these issues. From F.2d, Reporter Series. A fuel tank shield which was not developed and used until 1978 was identified only as an example of such a safety device. First Fed. 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. Summary of Ford Motor Co. v. Matthews, S. Ct Mississippi [1974] Defenses. . 747, 749 (2) (266 SE2d 531) (1980); Windham, supra at 862. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Synopsis of Rule of Law. 469, 472 (4) (297 SE2d 506) (1982). 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. [Cit.]" In an earlier decision, we certified questions of law to the New York Court of Appeals pursuant to Art. Main Document Proof of Service Certificate of Word Count: Dec 04 2019: DISTRIBUTED for Conference of 1/10/2020. "`A charge of a correct principle of law applicable to the case on trial does not constitute error requiring the reversal of the case as an expression of an opinion of what has been proved, under [OCGA § 9-10-7], where the whole charge when construed together shows that the matters assumed to be proven in the charge complained of were left to the jury on the question of whether *340 or not such facts had been established by the evidence.' . Plaintiff shareholders, Dodge et al., brought an action against Defendant corporation, Ford Motor Company, to force Defendant to pay a more substantial dividend, and to change questionable business decisions by Defendant. 8. IRAC CASE STUDY ANALYSIS DODGE V. FORD MOTOR CO. LAW/531 January 15, 2016 Maria Wood Table of Contents Dodge v. Ford Motor "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. It is also true in considering excessiveness that an appellate court `. STUBBLEFIELD et al. Ford Motor Co. v. Matthews Ford Motor Co. v. Matthews; From our private database of 16,500+ case briefs... Ford Motor Co. v. Matthews. 311, 316 (6) (196 *336 SE2d 454) (1973); Gen. Motors Corp. v. Jenkins, 114 Ga. App. 81-300. Franchise Enterprises v. Ridgeway, 157 Ga. App. 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: SET FOR ARGUMENT on Wednesday, October 7, 2020. A directive was issued implementing this decision which stated that "actual hardware will not be added until required by law . Reply of petitioner Ford Motor Company filed. 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. 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. 871, 874 (1(a)) (52 SE2d 485) (1949). Smith v. State, 247 Ga. at 619, supra. Stovall & Co. v. Tate, 124 Ga. App. "Unless a jury verdict is palpably unreasonable or excessive, or the product of bias, it will not be disturbed on appeal. The death resulted from injuries sustained in a collision occurring July 10, 1977, when the 1975 Ford Mustang II in which Terri Stubblefield was riding was struck from behind while stopped in traffic by another car traveling at an estimated speed of 56 to 65 m.p.h. "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." – July 19, 1955 – Ford ordered steel from Allied Ford stated that (order 15145) allied would be responsible for … Ford argues that no appellate court in any jurisdiction has ever approved an award of this magnitude in any personal injury suit arising out of a manufacturer's negligence. Fields v. Jackson, 102 Ga. App. ; Firestone Tire Co. v. King, supra. See Poppell v. Waters, 126 Ga. App. Thus, Ford contends the trial court erred by giving a charge that was, at least in part, inapplicable. Ford Motor Company v. Bandemer; Docket No. 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. 538, 541-542 (69 SE2d 816) (1952). Brief amicus curiae of The Alliance of Automobile Manufacturers filed. At oral argument, Ford presented more detail for its argument that the … The evidence here was sufficient to authorize the jury to find that the sum of $8 million was an amount necessary to deter Ford from repeating its conduct; that is, its conscious decisions to defer implementation of safety devices in order to protect its profits. Argument to be rescheduled for the October Term 2020. Terri Wangen and other individuals (plaintiffs) were involved in an automobile collision between a Ford Mustang (Mustang) and another car. [Cits.]" GIC811883 (San Diego Super. RENDERED: APRIL 26, 2018 TO BE PUBLISH~D juprttttt
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