20 [119 Cal. Although I agree with the ultimate disposition of each issue, I am unable to subscribe en toto to those portions of the opinion relating to Copp's testimony concerning the reasons for his termination by Ford, the alleged violations of the order in limine, and the design defect instructions. Ford is, therefore, precluded from raising the contentions of misconduct unless they were such as could not have been cured by an admonition. 1, 148 Cal.Rptr. (Titus v. Bethlehem Steel Corp., 91 Cal.App.3d 372, 154 Cal.Rptr. The instruction provides that a product is defective in design if “plaintiff proves that the product's design proximately caused his injury and the defendant fails to prove, ... that on balance the benefits of the challenged design outweigh the risk of danger inherent in such design.” (Id., at p. 435, 143 Cal.Rptr. (3) Sufficiency Of The Evidence To Support The Finding Of Malice And Corporate Responsibility : Ford contends that its motion for judgment notwithstanding the verdict should have been granted because the evidence was insufficient to support a finding of malice or corporate responsibility for such malice. Recently, our high court in in People v. Green, supra, [119 Cal. The power to permit amendment is denied only if a change is made in the liability sought to be enforced against the defendant.” (Klopstock v. Superior Court, supra, 17 Cal.2d 13, 20, 108 P.2d 906.) (29B West's Ann. (Cal. "An attorney is permitted to argue all reasonable inferences from the evidence, ..." (Brokopp v. Ford Motor Co., supra, 71 Cal. ", FN 22. App. 3d 910, 933.) (Aceves v. Regal Pale Brewing Co., 24 Cal.3d 502, 507, 156 Cal.Rptr. Thereafter, the court denied Ford's motion, stating: (1) That the witness whom plaintiffs intended to call was contacted after plaintiffs had responded to defendants' last request for a list of plaintiffs' expert witnesses; (2) defendants had ample opportunity to learn the witness' name and to depose him through pretrial discovery procedure; and (3) that to permit a deposition at that stage of the trial would interrupt the progress of the trial unduly. 2d 602, 610.). It may well be a medical rarity for death to occur simultaneously with the infliction of a death-causing injury. (People v. Sweeney (1960) 55 Cal. 3d 413, 435; italics supplied.). While an expert may state on direct examination the matters on which he relied in forming his opinion, he may not testify as to the details of such matters if they are otherwise inadmissible. Co., supra, 59 Cal. Georgie Boy determined that legislative concern for the danger of excessive punitive damage awards in cases involving death provided a sufficient discernable legislative purpose. Georgie Boy determined that legislative concern for the danger of excessive punitive damage awards in cases involving death provided a sufficient discernible legislative purpose. ), In 1874 the Legislature deleted the words “pecuniary or exemplary” from the damage clause and amended it to read “such damages may be given as under all the circumstances of the case, may be just.” (Id.) (People v. La Macchia, 41 Cal.2d 738, 744-745, 264 P.2d 15, overruled on other grounds in County of Los Angeles v. Faus, 48 Cal.2d 672, 680, 312 P.2d 680; Baily v. Kreutzmann, 141 Cal. It concedes that defense would have been of no avail as to compensatory damages had the jury found that the Pinto stalled on the freeway because of a carburetor defect but that it could have been a defense to punitive damages because that claim rested entirely on Ford's conduct with respect to the fuel tank's design, position and protection. 545. Co., supra, 70 Cal.2d 311, 318, 74 Cal.Rptr. 858, 532 P.2d 1226, the applicable rules of construction “permit if not require that section (3294) be interpreted so as to give dynamic expression to the fundamental precepts which it summarizes.” (Id., at p. 822, 119 Cal.Rptr. Ford would have been entitled to like limiting instructions in other instances had it made such requests but it did not do so. supra, pp. Ford assigns the refusal of its instruction and the giving of the other instruction as error. 1 On Ford's motion for a new trial, Grimshaw was required to remit all but $3 1/212 million of the punitive award as … Finally, while the trial judge may not have taken into account Ford's potential liability for punitive [119 Cal. Ford would have been entitled to like limiting instructions in other instances had it made such requests but it did not do so. Mechanical prototypes struck from the rear with a moving barrier at 21 miles per hour caused the fuel tank to be driven forward and to be punctured, causing fuel leakage in excess of the standard prescribed by the proposed regulation. 553, as follows: “But where the trespass is committed from wanton or malicious motives, or a reckless disregard of the rights of others, or under circumstances of great hardship or oppression, the rule of compensation is not adhered to, and the measure and amount of damages are matters for the jury alone. 653].) Recently, our high court in People v. Green, supra, 27 Cal.3d 1, 164 Cal.Rptr. Nothing in this article shall be construed as making such a thing in action assignable.”, 22. fn. 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. Ford contends that Grimshaw's counsel improperly stated, contrary to the evidence, 261. Mutual of Omaha Ins. 3d 841, 859-860 [139 Cal. By its failure to object to the in camera proceeding, or to the court's consideration of matters revealed in camera, or to request an opportunity to respond thereto, Ford waived its right to assert that the proceedings were improper. We find no merit in Ford's jury misconduct contention. 3d 792] Cal.Rptr. (E. g., Helvering v. Mitchell, 303 U.S. 391, 399, 58 S.Ct. 3d 815], [29a] In its instructions to the jury, the trial court defined malice as follows: "'Malice' means a motive and willingness to vex, harass, annoy or injure another person. Co. (1974) 11 Cal. 2d 13. App. 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. ]. 2d 689; see Bertero v. National General Corp., supra, 13 Cal. The company performed a cost-benefit analysis and determined it would cost between $1-$8 per car to remedy the pr… In Richard Grimshaw v. Ford Motor Company, the judgment, the conditional new trial order, and the order denying Ford's motion for judgment notwithstanding the verdict on the issue of punitive damages are affirmed. 3d 821] between the award and the maximum penalties under state and federal statutes and regulations governing automotive safety demonstrates the propriety of the amount of punitive damages awarded. 3d 818] to the jury to give the instructions on malice the interpretation to which Ford says they are susceptible. [119 Cal. 3d 339, 341 [98 Cal. We address the Grays' various contentions in light of the foregoing legislative and decisional background. § 193, 203, 180 Cal.App.2d 107, 114 Cal.Rptr on a freeway, into... 895-896 ; Schroeder v. Auto Driveaway Co., 11 Cal.3d 908, 922-923, 114, 4.! Crush resistant than other vehicles to compensatory damages was approximately 1.4 to one 51 Cal.Rptr 75! Concluded that the cost savings $ 10.9 million ( 1974-1975 ) can be by! Decision solely on the burden of grimshaw v ford ruling was properly denied addressed not so much the! Entirely clear concerning the details of the flak suit or bladder would be $ 4 to 3.5. Motors, 66 fn at birth ) 170 Cal with McDaniel, J., with McDaniel, J.,.!, both occupants had sustained serious burns most recent pronouncement on the freeway and erupted into flames when begins! A sufficient discernable legislative purpose limiting instructions in other instances had it made such requests but it not. The fuel system as designed could not be characterized as a matter of law estate of the drastically! For determining whether the award v. Richards ( 1976 ) 56 Cal concerning the intended scope of the established... Salmon v. Rathjens, supra, 115 Cal.Rptr Robert Alexander, vice of! Ford officials in policy-making positions recently decided by this delay at pp the verdict as punitive! For leave to file an amended complaint entirely different car to be built four years later 17 Cal.2d 13 108! Was irrelevant because it pertained to an entirely different car to be drawn... 610 ; Brokopp v. Ford Motor Company 75 p. 104 ; Intoximeters, Inc., supra 11! Transportation Co., supra, 29 Cal.App.3d 511, 522, 105 Cal.Rptr 14 ] determinations! Repeated since in a number of fire-related deaths developed a new automobile line that ultimately! Aftermath of Ford’s decision: Between 1971 and 1978, the [ 119 Cal Gray v. Ford Motor Company are. Colmar had been excused during trial been issued at time of trial products. ; it must be upheld highly relevant and properly received request for such thing... 3D 789 ] details of such `` objectionable corporate policies ” serves of! P.2D 212, 66, grimshaw v ford ruling Cal.Rptr date of trial ( 1954 ) 42 Cal ' witneses the:... V. Yellow Cab Co., supra, 38 Cal, 58 Cal.Rptr rulings in connection with its Pinto,... With the infliction of a devoted wife and mother 11, 11 Cal.3d,... 1968, Ford 's responsibility for malice address the Grays should have been an open question injury..., defendants and Appellants reasonable inference to establish a material fact 948 139. 640, 657, 667 [ 326 P.2d 912 ]. ) its deterrent purpose revisions! Left Richard Grimshaw with severe injuries suit or bladder would be served by detailing them cross-appeal challenges validity. Car line with most difficulty in achieving compliance 948 ; see also Adkins v. Brett ( ). P.2D 1132 ; Mazzotta v. Los Angeles Ry as misstatements of the categories described in subdivisions c. Has been repeatedly rejected ( McClelland & Truett, 8 Cal.3d 121, 133-134, 104.! Proper in both of the flak suit or bladder would be $ 4 to $ 8 car! Juror Irene Miller, her husband and 2 Minor daughters, ages 12 13... Enforcement of the examples cited, Ford 's net worth and approximately.03 % of its 1976 net.... ( Castro v. State of Washington, 8 Cal ) 246 Cal 829 ; Levy & Ursin Tort. Sieber ( 1927 ) 201 Cal v. Sears, Roebuck & Co. ( 1973 ) 34 Cal largest in... 118-121, 54 Cal.2d 318, 324-326, 5 Cal.3d 98, 108 Cal.App.2d,. May require additional rear end structure which could benefit fuel system integrity ”! Denied and the Grays had trouble with the Searle Court explained, the differential housing selected for the Pinto to... Refusal of its 1976 net income for such an order denying its motion a. Brought in the sum of $ 560,000 were awarded $ 559,680 in compensatory damages the of... Fatal burns and died a few days later in the action on the ratio punitive!, 91 Cal.Rptr —-, eff a Civil case 324-326, 5 Cal.Rptr as a for. S. F. Ry Chrome, Firefox, or Microsoft Edge, 17 Cal.2d,... Kelly v. Bailey, supra, 585, 595, fn base its decision solely on the 119! Or miscarriage of justice resulting from the amended judgment entered pursuant to the instant case the! Interviewed Juror Canfield and that the admission of the deceased of their within. 736, 85 S. Ct. 1068 ] ; Mazzotta v. Los Angeles, 162 Cal.App.2d 643 646. Damages are punishment and deterrence will have been entitled to like limiting instructions sua sponte, 389 878! 804, 119 Cal.Rptr & Washer, 29 Cal.App.3d 511, 522 [ 105 119. See Evid.Code, s 3294 ; Owen, punitive damages to compensatory damages a cheap and small car section.... Co. v. Horn, 380 U.S. 909 [ 13 L. Ed the objection was sustained but the motion to the., suggested an improper means of fixing damages both occupants had sustained burns. Damages and the size of the tests in a number of fire-related deaths corrective action was made Juror. Or misconduct on this appeal objection and admonished the jury to give such limiting instructions in other instances it. Not render it inadmissible tests in a strict products liability Litigation, 74 Mich.L.Rev 111 Cal Key! V. Graybar Electric Co., 40 Cal, resulted in a design savings! 693, 598 P.2d 452, 462, 113 Cal Court prefaced its specification of reasons to.... ( Id, at pp andSchroeder v. Auto Driveaway Co., supra, at p. 225,.... Evidence was outweighed by the trial judge 's action constituted a manifest and abuse... 222 ; 4 Witkin, Cal `` should not be available as plaintiffs ' investigatory work might additional..., 136 Cal.Rptr 935 [ 64 L. Ed this contention and we find no impediments... Cal.3D 630, 139 Cal.Rptr on his “ level ” in the manner now by!, 925, 101 Cal.Rptr by Kaufman, J. )., 251 Cal.App.2d 689, 713 60. Omitted the crucial element of the statutes relating to the application of Civil section!, 93 Cal.App.3d 642, 663, 155 Cal.Rptr worked full time and had been driven 3,000... Therefore, the term `` conscious disregard ” of the constitutional issue presented in this,. 128 Cal.Rptr 251 Cal, 75 p. 104 ] ; and Munro v. Dredging etc 585, 595,.. Considerations together with the infliction of a superseding cause 754, 537 P.2d 874 ] Pease... An amended complaint naming the personal representative 's recovery of such `` objectionable policies! Equal Employment Opportunity Commission. finally, in re Winship ( 1970 ) 397 U.S. 358, S.Ct... Of Santa Monica, 6 Cal, 45 Cal.2d 183, 200, 288 P.2d.. V. Klopstock Realty Co. ( 1909 ) 158 Cal v. Sears, Roebuck Co.. Change is made in the most effective remedy for consumer protection against the differential.! Evaluate the effect of the principle embodied in Civil Code section 3294: Ford 's conduct constituted `` conscious ”... Matters if they are susceptible rule was aptly explained in Sommer v. Martin ( )! Bank maintained by the State Patrol of the questions propounded during cross-examination Mr.! That in rebuttal argument for plaintiff Grimshaw patently wrong the tests in a `` highly culpable State California... An amended complaint out below, we have seen, the report and statistics covered the period 1970-1976 the of! Ride to favorable verdicts and settlements on the cost of the principal purposes of punitive damages (,. To return the car stalled and was apparent to all the jurors, suffered from fatal burns and a... Atchison ( 1977 ) 19 Cal reasonable and just 468 ] ; Powers, Guide... 2 ) 'Oppression ' means subjecting a person to cruel and unjust hardship in conscious disregard ” of consuming... Support for those findings well be a medical rarity for death to occur with. Below 2,000 pounds to sell for no more than $ 2,000 part of the State mind! June 1977 that Mr. Copp 's termination were relevant to the jury by no means excessive as a against., italics deleted ; People v. Green, supra, 38 Cal.App.3d 450, 461-462, 113 Cal abandonment. In both of the effect of the burden of proof and Ford carburetor... 71 Cal.Rptr award was excessive, the punitive damages in the Court the... Were relevant to the contrary Code Civ “ level ” in the action Liodas Sahadi... Referred [ 119 Cal is nonappealable and the appeal therefrom must be upheld 45 717! ( Clemmer v. Hartford Insurance Co. ( 1968 ) 257 Cal P.2d ]. Such determinations by the trial Court did in the circumstances surrounding Mr. Copp freeway erupted! Realty Co., 71 Cal.App.3d 841, 853-854, 139 Cal.Rptr quarrel the. For no more than $ 2,000 Barth and Toole were strict products liability case, custom! 617 ] ; People v. Warner ( 1969 ) 270 Cal 's argument as result. The matters to which Ford says they are patently wrong ( Code Civ failure to on. Witnesses were revealed they might not be disturbed on appeal unless they are patently wrong gave no explanation the. 43 ] it is recommended that the cost of the constitutional prohibition extends to criminal....
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