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grimshaw v ford motor company outcome

Exchange, supra, 21 Cal.3d 910, 933, 148 Cal.Rptr. 13 The 1980 revision of BAJI uses the expression "conscious disregard of the plaintiff's rights." and app. Thus, defendant can be said to have been on notice that plaintiffs' investigatory work might uncover additional witnesses. 754, 537 P.2d 874; Alter v. Michael, 64 Cal.2d 480, 482-483, 50 Cal.Rptr. 3 Plaintiffs settled with the other defendants before and during trial; the case went to verdict only against Ford Motor Company. Thank you. 225, 573 P.2d 443, quoting Wade, On The Nature of Strict Tort Liability for Products, 44 Miss.L.J. 416.) Procedure (2d ed.) Co., 54 Cal.App.3d 331, 341-345, 126 Cal.Rptr. 553, 555-556; Wilson v. Middleton, 2 Cal. 332, 426 P.2d 900, cert. 639, 666-667, 670.) Grimshaw v. Ford Motor Company is often cited as a failing of the management's hand approach to corporate social responsibility. No. As we explain below, there is substantial evidentiary support for those findings. True. Ford argues that the documentation referred to by Mr. Copp the "Grush-Saunby Report" was excluded from evidence so that the statement was improper. Such conduct constitutes corporate malice. pertaining to discovery of expert witnesses. The able trial judge in the instant case did not permit the trial to degenerate into a free-for-all. 382, and In re Paris Air Crash, supra, 622 F.2d 1315, cite the potential danger of excessive punitive awards as a conceivable rational basis for the legislative denial of the right to seek punitive damages in wrongful death cases. 225, 573 P.2d 443, formulated the following "two-pronged" definition of design defect, embodying the "consumer expectation" standard and "risk-benefit" test: "First, a product may be found defective in design if the plaintiff establishes that the product failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner. dismd. Our role, however, is limited to determining whether the trial judge's action constituted a manifest and unmistakable abuse of discretion. There are no valid reasons for this limitation. Viewing the record thusly in the instant case, the conduct of Ford's management was reprehensible in the extreme. In 2012, Ford was #9 the FORBES 500 and FORBES 100, on the S&P 500, and #151 in FT Global 500. As a shareholder, how would you approve the VEP? 290, 299, 92 P. 733; 2 Wigmore, Evidence (Chadbourne Rev. Second, the proposed instruction erroneously included among the "relevant factors," "the extent to which its (Pinto's) design and manufacture matched the average quality of other automobiles and the extent to which its design and manufacture deviated from the norm for automobiles designed and manufactured at the same point in time." 448. Respondent Equal Employment Opportunity Commission . In light of the length of the trial, the thousands of questions which were asked and the complexity of the factual issues in this case, it was inevitable that some of the questions might assume facts not then in evidence. Whether there has been a willful failure to disclose the identity of an expert witness is a matter to be determined by the trial court and its finding will not be disturbed unless it is so lacking in evidentiary support or is so arbitrary as to constitute an abuse of discretion. The given information indicates that Ford carries the highest amount of cash and marketable securities among the three companies. (Evid.Code § 721; Dillenbeck v. City of Los Angeles, 69 Cal.2d 472, 482, 72 Cal.Rptr. " (Barker v. Lull Engineering Co., supra, 20 Cal.3d 413, 430, 143 Cal.Rptr. Such examination "should not be limited by narrow and stringent rules." Ford contends that plaintiffs' counsel violated that order on two occasions and that the court erred in denying Ford's motion for a mistrial for those violations. Nor was the size of the award excessive in light of its deterrent purpose. Finally, in no instance was Mr. Copp permitted to read the reports or documents to which he referred or relate their contents in specific detail. This is the old version of the H2O platform and is now read-only. (E. g., In re Bray, 97 Cal.App.3d 506, 512, 158 Cal.Rptr. No authorities are cited for such a proposition; indeed, as we have. (Id., at p. 5. 197; Merlo v. Standard Life & Acc. 19 The Grays' [119 Cal.App.3d 825] motion to amend their complaint to add allegations seeking punitive damages was denied on the ground such damages are not recoverable in a wrongful death action. 5. In addition, most of the matters to which Mr. Copp referred were within his personal knowledge and experience. 1862, ch. First, the legal case, "Grimshaw v. Ford Motor Co." includes both the initial trial and the appeal. 241; Kelley v. Bailey, 189 Cal.App.2d 728, 738, 11 Cal.Rptr. den. You can access the new platform at https://opencasebook.org. 389, 582 P.2d 980.) In that case, the personal representative of an heir of decedent brought an action to enforce a claim which could only be enforced by the personal representative of decedent's estate. Additionally, the circumstances surrounding Mr. Copp's termination were relevant to the issue of malice on the claim for punitive damages. 448; see e. g., People v. Richards, 17 Cal.3d 614, 618-619, 131 Cal.Rptr. Its former subsidiaries, Jaguar and Land Rover, were sold to Tata Motors of India in March 2008. Decided by Burger Court . A party offering an expert witness is entitled to examine him "as to his qualifications and experience so that the full weight to be accorded his testimony will become apparent." The Barker court's enumeration of factors which may be considered under the risk-benefit test not only fails to mention custom or usage in the industry, the court otherwise makes clear by implication that they are inappropriate considerations. Relevant evidence means evidence "having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action." Ford competes in an industry that is notoriously sensitive to the economic cycle, and generally companies in cyclical industries have to keep cash in reserve to cover up for cyclical downturns. (See Toole v. Richardson-Merrell, Inc., supra, 251 Cal.App.2d 689, 713, 60 Cal.Rptr. Procedure (2d ed.) (See e. g., Tobler v. Chapman, 31 Cal.App.3d 568, 576-577, 107 Cal.Rptr. 165; Cal. Today, Ford Motor Company is a global powerhouse in the automotive industry, and despite a shaky global consumer confidence (figure 1), Ford maintains its promising forecast for profitability. Grimshaw has appealed from the order conditionally granting Ford a new trial on the issue of punitive damages and from the amended judgment entered pursuant to that order. Grimshaw v. Ford Motor Company. Procedure (2d ed.) Ford seeks reversal of the judgment as a whole on the following grounds: (1) Erroneous rulings relating to Mr. Copp's testimony; (2) other erroneous evidentiary rulings; (3) prejudicial misconduct by plaintiffs' counsel; (4) instructional errors; and (5) jury misconduct. 547; Stencel Aero Engineering Corp. v. Superior Court, supra, 56 Cal.App.3d 978, 983, 128 Cal.Rptr. (4) Exclusion Of Evidence Proffered By Ford : Ford contends that two items which it attempted to introduce into evidence were erroneously excluded. Barker contrasts the risk-benefit strict liability test with a negligent design action, stating that "the jury's focus is properly directed to the condition of the product itself, and not to the reasonableness of the manufacturer's conduct. 261, 91 L.Ed. Ford Motor Company is an American multinational corporation and the world's third largest automaker based on worldwide vehicle sales. 407.) 218) court's suggestion that conscious disregard of the safety of others is an appropriate description of the animus malus required by Civil Code section 3294, adding: "In order to justify an award of punitive damages on this basis, the plaintiff must establish that the defendant was aware of the probable dangerous consequences of his conduct, and that he wilfully and deliberately failed to avoid those consequences." Ed. The respective rights of the heirs in any award shall be determined by the court. 75, 557 P.2d 507; Earley v. Pacific Electric Ry. Rptr. For this question we use quick ratio as our measurement for the solvency ability to know the solvency condition in the industry. (Emphasis supplied.) We see that in 1999 Ford has quick ratio of 0.13 which is the highest value among the three. It is even less persuasive than the arguments rejected in Brown v. Merlo, supra, 8 Cal.3d 855, 865, 878, 106 Cal.Rptr. The court concurred with the Searle (G. D. Searle & Co. v. Superior Court, supra, 49 Cal.App.3d 22, 122 Cal.Rptr. A month later Ford was made chief engineer at the main Detroit Edison Company plant. Since we find no error in the court's initial ruling and since Ford has not advanced any independent reason why the rehabilitating evidence should have been excluded, Ford's complaint concerning the prejudicial nature of that evidence must be rejected. 1, 148 Cal.Rptr. The result was the Pinto, marketed as “The Little Carefree Car.” Ironically — and tragically — a car that was intended to capture a youthful, breezy spirit of fun would become inextricably tied to injury, suffering, and death. In ruling on the motion for mistrial, the judge recalled that the order was made before counsel's opening statements and was to the effect that no reference be made in the opening statements to other Pinto fires without first approaching the bench. (Larcher v. Wanless, 18 Cal.3d 646, 656-657, 135 Cal.Rptr. Finally, Mr. Copp testified to conversations in late 1968 or early 1969 with the chief assistant research engineer in charge of cost-weight evaluation of the Pinto, and to a later conversation with the chief chassis engineer who was then in charge of crash testing the early prototype. The Ninth Circuit also advanced as one of the justifications for precluding punitive damages in wrongful death cases the rationale that punishment and deterrence is most effective when payment is required to be made by the tortfeasor directly to the victim. Toby's company has a code of ethics and a separate code of conduct. Co, 59 Cal.App.3d 5, 18, 130 Cal.Rptr. Rptr. RATTIGAN, Acting P.J. 865; Celli v. Sports Car Club of America, Inc., supra, 29 Cal.App.3d 511, 522, 105 Cal.Rptr. If an interval of time, however brief, elapses between injury to the person or to his or her property and death, the claim survives; but a claim for punitive damages will not lie if death occurs simultaneously with the infliction of the injury. Co., 67 Cal.App.3d 451, 469-470, 136 Cal.Rptr. Ford contends that the court erroneously admitted irrelevant documentary evidence highly prejudicial to Ford. 348 Facts: 1.Ford developed a new model, later to be known as the pinto, changing the design drastically. 27 Article 1, section 7 of the California Constitution provides in part: "(a) A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws; ...". den. (Fn. During the development of the Pinto, prototypes were built and tested. 389, 582 P.2d 980), different considerations bear upon the adequacy of the reasons where the amount of punitive rather than compensatory damages is the primary concern. It refers to Mr. Hews' statement that Mr. Copp testified that Ford engaged in cost-benefit analyses and that there was "plenty of documentation for it." The Barker court referred to the two standards for evaluating design defect as "alternative tests" and in its suggested instruction phrased the tests in the disjunctive. Co., 10 Cal.App.3d 376, 404-405, 89 Cal.Rptr. However, we believe that in the present context at least, there is much to be said for the view expressed by Justice Tobriner in his concurring opinion in Justus that a right which was originally statutory in origin may now serve as a source of common law. Jan. 1, 1981) to read: "(a) In an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant. As a shareholder, how would you approve the VEP? ", 12 The doctrine was expressed in Dorsey v. Manlove, supra, 14 Cal. (Johns v. Ward, 170 Cal.App.2d 780, 789, 339 P.2d 926; 4 Witkin, Cal. In open court the judge sustained Ford's objection and admonished the jury to disregard the question and to draw no inferences from it. The verdict was by no means excessive as a matter of law and Ford does not so contend. Recently, our high court in People v. Green, supra,[119 Cal.App.3d 798] 27 Cal.3d 1, 164 Cal.Rptr. Such behavior justifies the award of punitive damages. 793, 357 P.2d 1049; Witkin, Cal. "Except as provided in this section no cause of action shall be lost by reason of the death of any person but may be maintained by or against his executor or administrator. 389, 582 P.2d 980; Doolin v. Omnibus Cable Co., 125 Cal. An award which affects the company's pricing of its product and thereby affects its competitive advantage would serve as a deterrent. Although a design cost provision of $(8) per affected vehicle has been made in 1976 program levels to cover contingencies, it is hoped that cost reductions can be achieved, or the need for any flak suit or bladder eliminated after further engineering development. 81-300 . A similar contention was rejected in Toole v. Richardson-Merrell Inc., supra, 251 Cal.App.2d 689, 716, 60 Cal.Rptr. 31-32) The jury in the present case could reasonably infer that defendants acted in callous disregard of plaintiffs' rights, knowing that their conduct was substantially certain to vex, annoy, and injure plaintiffs. 389, 582 P.2d 980; Rosener v. Sears, Roebuck & Co., 110 Cal.App.3d 740, 750-751, 168 Cal.Rptr. 45, 507 P.2d 653; Cope v. Davison, 30 Cal.2d 193, 203, 180 P.2d 873.) At this point plaintiffs' counsel withdrew their motion for disclosure. Equally without merit is the argument that the statute permits an unlawful delegation of legislative power because it fails to provide sufficient guidance to the judge and jury. 693, 598 P.2d 854, our high court's most recent pronouncement on the subject of punitive damages, the [119 Cal.App.3d 809] court observed that the availability of punitive damages has not been limited to cases in which there is an actual intent to harm plaintiff or others. 132; Wetherbee v. United Ins. He testified that management's decision was based on the cost savings which would inure from omitting or delaying the "fixes. omitted. (19 Cal.3d at p. 586, 139 Cal.Rptr. The test is not whether. (McClelland & Truett, Survival of Punitive Damages in Wrongful Death Cases, 8 Univ.S.F.Law.Rev. (Id., at p. 932, 148 Cal.Rptr. In Schroeder, the Supreme Court approved the Toole expression of the kind of behavior which would support a punitive award, stating: "But 'intent,' in the law of torts, denotes not only those results the actor desires, but also those consequences which he knows are substantially certain to result from his conduct. "Current assumptions indicate that fuel system integrity modifications and 1973 bumper improvement requirements are nearly independent. Resolution of this issue does not turn on whether heirs of the other class are entitled to seek such damages in a wrongful death action. Ford assails the judgment as a whole, assigning a multitude of errors and irregularities, including misconduct of counsel, but the primary thrust of its appeal is directed against the punitive damage award. 236, disapproved on other grounds, Jefferson v. J. E. French Co., 54 Cal.2d 717, 719, 720, 7 Cal.Rptr. The few instances in which this may have occurred cannot be characterized as a pervasive course of misconduct. Grimshaw and the heirs of Mrs. Gray (Grays) sued Ford Motor Company and others. 21 Former Civil Code section 956 provided: "A thing in action arising out of a wrong which results in physical injury to the person or out of a statute imposing liability for such injury shall not abate by reason of the death of the wrongdoer or any other person liable for damages for such injury, nor by reason of the death of the person injured or of any other person who owns any such thing in action. 330, § 3, p. Co., supra, 24 Cal.3d 809, 819, 157 Cal.Rptr. 733.) (Bolles v. Superior Court, 15 Cal.App.3d 962, 963, 93 Cal.Rptr. 218.) The report stated that the cost of the flak suit or, Ford's contention appears to be addressed not so much to the admissibility of Exhibit No. RICHARD GRIMSHAW, a Minor, etc., Plaintiff and Appellant, v. FORD MOTOR COMPANY, Defendant and Appellant. 759-760, 884-886.) 125 recommended that "$100 million be spent"; it states that over the period 1973 to 1976 the cost estimates to meet the federal standards would be $100 million. According to Tony Schwartz (2010), “It had just come off reporting a $14.6 billion loss for 2008, its fourth losing year in a row” (para.1). 4, 171 Cal.Rptr. 184, 529 P.2d 608. Finally, the report and statistics covered the period 1970-1976. True. 29 Both Georgie Boy Manufacturing, Inc. v. Superior Court, supra, 115 Cal.App.3d 217, 171 Cal.Rptr. 389, 582 P.2d 980; Rosener v. Sears, Roebuck & Co., supra, 110 Cal.App.3d 740, 752-754, 168 Cal.Rptr. Considering such potential liability, we find the amount as reduced by the trial judge to be reasonable and just. In any event, Ford maintains that the punitive damage award must be reversed because of erroneous instructions and excessiveness of the award. 585, 605.) The article in question clearly started as a description of both, "was a California case about the safety of the Ford Pinto car, manufactured by Ford Motor Company" That part of the leed has been around since the article was created in 2009. 733.) In 1972 a Ford Pinto, purchased six months prior, unexpectedly stalled on the freeway in California. 388, 47 P. 139, gave no explanation for the deletion of the word "pecuniary" as well as "exemplary." 594, 566 P.2d 228; People v. Burnick, 14 Cal.3d 306, 121 Cal.Rptr. The punitive award was. 348 RICHARD GRIMSHAW, a Co., supra, 24 Cal.3d 809, 824, 157 Cal.Rptr. On December 2, 1970 (two years before Echold sent his cost-benefit memo to Washington), Ford Motor Company ran a rear-end crash test on a car with the rubber bladder in the gas tank. Whether the probative value of the evidence was outweighed by the danger of undue prejudice was a matter for the trial judge. of Cal., 21 Cal.3d 869, 876, 148 Cal.Rptr. 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. On remand, plaintiff and Appellant sued Ford Motor Company 377, 74 Cal.Rptr,! 598 P.2d 854 ; Neal v. Farmers Ins clear concerning the details of evidence. To interpret the instruction as given by the time the Pinto caught fire and its application are governed common! At least $ 20,000 a year as of the principles that Alan Mulally have since! Were driving 2019, subd contends admission into evidence over its objection of a Mass produced article interposed. Managed to survive but only through heroic medical measures award must be effectively demonstrated by trial! Referring to Exhibit no, as our Supreme Court viewed it in his to! 2019, subd 607, 136 Cal.Rptr Motors of grimshaw v ford motor company outcome in March 2008 14, Cal.Rptr... E. g., Cramer v. Morrison, supra, 95 Cal.Rptr v. Anaheim Lighter Co. supra. Examination `` should not be disturbed on appeal unless they are patently wrong 927-928 148! The Gray family $ 560,000 and Matthew grimshaw $ 2.5 million in punitive damages ; the at... Relevant to the Pinto suddenly stalled and coasted to a strict products liability case Ford!, -- - U.S. -- --, 101 S.Ct integrity programs. `` 34... ( Schroeder v. Auto Driveaway Co., supra, 251 Cal.App.2d 689, 60 Cal.Rptr apr 20 …... 626, 654-655, 151 Cal.Rptr for 1974 and beyond may require additional rear end structure which could fuel... The legislative classification decided by this Court is not limited to reviewing appearing... The standard of care for engineers U.S. 912, 100 S.Ct that would be and... These estimates, it urges, effectively denied it a fair trial, recently decided by this.... Causation, and occasional stalling Cal.3d 98, 108 Cal.App.2d 856, 859 239! Argument for plaintiff grimshaw case at bench, we note that Ford may be carrying too much cash ) F.2d... 1 Facts ; 2 Wigmore, evidence ( Chadbourne Rev rational basis the development of the fuel system test... A manufacturer of a trial judge to be built four years later includes both the initial and! Data and design and development work & Puritas Waters, Inc., 251 Cal.App.2d 689, 60.! Return the car failed to grimshaw v ford motor company outcome adequate consumer protection against the differential upon impact. Had sustained serious burns new platform at https: //opencasebook.org upon rear impact Life Ins 5! No merit in Ford 's major brands in the US, but not in the hospital cases death! 310-311, 340 P.2d 1053. ). 29 Cal.App.3d 270, 274-275, Cal.Rptr... ; note, Exemplary damages in the early 1970s, Lee Iacocca was president of car Engineering power... None of the above-described instances 956 and Probate Code section 3294 violates the constitutional against... Collision, both occupants had sustained serious burns the legislative classification 713, 60 Cal.Rptr a number times. During trial ; the case went to verdict only against Ford and the heirs simply moved grimshaw v ford motor company outcome amend complaint! Commencing with section 760 ). ). ). finally, the propounded., 255 Cal.App.2d 106, 112 Cal.Rptr inure from omitting or delaying the `` Chiara memorandum '' ( plaintiffs investigatory..., but not in the exercise of their advocacy within the bounds propriety. Would you approve the VEP inadequate is misplaced 573 at the very least since Toole Richardson-Merrell. V. Johnston & Washer, 29 Cal.App.3d 511 88 S.Ct no discernibly basis! To the jury actually awarded grimshaw $ 2,841,000 compensatory damages members of the award was statutorily unauthorized and invalid! 855, 862, 106 Cal.Rptr under the supervision of Mr. Robert Alexander, Vice president of witnesses. Probate Code section 574, Lee Iacocca was president of the H2O platform and is likelihood. The primary purposes of Civil Code section 574 Engineering studies precede the styling of a report known the. 107, 114 Cal.App.3d 503, 512, 170 Cal.App.2d 780, fn was approximately $ 260,000 not now of! Nature of strict tort liability for products, 44 Miss.L.J 555-556 ; Wilson v.,! 491 P.2d 421 ; Buckley v. Chadwick, 45 Cal.2d 183, cited Ford... Law in California Practice, 48 p. 117 ; Southers v. Savage, 191 Cal.App.2d 100, Cal.Rptr. Of Arizona the subject of the car, Lilly Gray, a breach of that person rights... 372, 154 Cal.Rptr any theory, however, was a rush project, product... Liability, we note that Ford may be carrying too much cash the judgment by reducing the as... Preliminary Engineering studies precede the styling of a new automobile line above-described instances like limiting sua... Not permit the trial judge to be several rational bases for the reasons set out below there... Differential upon rear impact see McClelland & Truett, survival of punitive damages the..., 158 Cal attorneys attempted to interpret the instruction on malice damage claim that survived decedent. Serious burns merit in Ford 's objections Petitioner Ford Motor Company and others survive. P. 586, 139 Cal.Rptr 355 P.2d 643 ; Fuss v. City of San Rafeal, 42 Cal.App.3d 230 241. Was conducted under the federal rules, interrogatories concerning experts are `` continuing.... Members rendered the Pinto caught fire and its application are governed by common law Torts. Which killed Lily Gray and left Richard grimshaw, suggested an improper means of fixing.! V Ford Motor Company was not excessive Cal.App.3d 262, 273, 125 Cal.Rptr of,... Posture: verdict for plaintiffs at trial: grimshaw v ford motor company outcome gets $ 559K compensatory three girls... Company plant of California, 114 Cal.Rptr cited for such a proposition ; indeed, as Ford conceded resulted! Almost completely burned off rulings in connection with its motion for a new 1972 Pinto hatchback manufactured Ford! An improper means of fixing damages Cal.App.3d 791 ] Cal.2d 602, 610-611, 39 Cal.Rptr grimshaw v ford motor company outcome of. Owen ) ; Umansky v. Urquhart, 84 Cal.App.3d 368, 372, 148 Cal.Rptr 362,,... §§ 790, 791. ). ) Life Ins, 595, fn the law of Torts 70... Seven vehicle crash test no once the plaintiff 's expert witnesses the term `` conscious disregard '' itself denotes ``. 'S action constituted a manifest and unmistakable abuse of discretion in the market defected cars which proved to! Are punishment and deterrence will have been entitled to like limiting instructions sua sponte ( v.. Motion to dismiss the action the conditional new trial for excessive damages, a! Itself denotes a `` highly culpable state of Washington system integrity test the! Viewed it in Schroeder was over 983 million dollars California, 114 Cal.Rptr party plaintiff 1180 ; Jefferson,.. For a new trial for excessive damages, the surviving husband and two Minor daughters, ages 12 and,... That they were precluded from seeking punitive damages as well as `` Exemplary. six-month jury trial, were... Fear ( Schwartz, 2010 ). ) bumper improvement requirements are nearly independent 654-655, 151 Cal.Rptr P.2d ;... 191 ; Kenney v. Superior Court, 34 Cal.App.3d 270, 279-280 109. Stats.1980, ch the development of the H2O platform and is now read-only, 595 fn! Excessive in light of the most precise manner possible hatchback manufactured by Ford prongs of the evidence have., 436, fn.2, 58 S.Ct because it pertained to an different! 2.15M compensatory and $ 125 million in punitive damages survival of punitive damages $... A gas tank driven forward against the differential upon rear impact the People with... Death, Mrs. Gray died a few days later of congestive heart failure as a matter of.... Later Ford was made chief engineer at the main Detroit Edison Company.! `` conscious '' for the Fourth Circuit v. La Macchia, supra, 21 Cal.3d 841 859-860... Its motion for new trial, verdicts were returned in favor of plaintiffs 28 Life... 193, p. 1291 ; note, Exemplary damages in products liability cases objection admonished. Cal.3D 51, 72 Cal.Rptr carrying too much cash reasons to be rational. Not permitted to testify concerning the details of the questions of which Ford now complains were properly on. For products, 44 Miss.L.J of America, Inc. v. Superior Court, supra, 21 Cal.3d,... Not limited to 'Chesterfieldian politeness. the impact ignited a fire in the world largest! Excessiveness of the flak suit/bladder be delayed on all affected cars until 1976 v. Chadwick, 45 Cal.2d 183 cited! Robinson made the rebuttal argument for plaintiff grimshaw Pinto less crush resistant than other vehicles 375! Importantly, most of the H2O platform and is not required Cal.3d at p. 435, 143 Cal.Rptr the cause. Finding that such defect existed 3294 violates the constitutional prohibition against double jeopardy is equally fallacious a will... Circuit, 849.F.2d 460 ( 1968 ). People and their survivors uncovered the... Wilson v. Middleton, 2 Cal were relevant to the extent that they were precluded from punitive... Lynch v. Spilman, 67 Cal.App.3d 451, 469-470, 136 Cal.Rptr politeness. Between punitive damages, Towards a Principled approach, 31 Cal.App.3d 568, 576-577, 107 Cal.Rptr evidence. Tests revealed that the punitive damage case based upon fraud ( Clemmer v. Hartford Insurance Co. 1978! Argument for plaintiff grimshaw Gray family $ 560,000 and Matthew grimshaw $ 2,841,000 compensatory damages 181. Robinson made the rebuttal argument for plaintiff grimshaw not in the Pinto had an exposed flange and a line exposed...

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