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Keywords

lawsuittortplaintiffnegligenceliabilityappealtrialverdicttestimony
tortplaintiffdefendanttrialverdict

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Vandermark v. Ford Motor Co., 61 Cal.2d 256, 391 P.2d 168, 37 Cal.Rptr. 896

Facts

In October 1958, Chester Vandermark purchased a new Ford automobile from Maywood Bell Ford, an authorized dealer. Approximately six weeks later, while driving on the freeway, Vandermark lost control of the car, which collided with a light post, resulting in serious injuries to him and his sister, Mary Tresham. They filed a lawsuit against both Maywood Bell Ford and Ford Motor Company, alleging negligence and breach of warranty. The trial court granted a nonsuit for Ford and directed a verdict for Maywood Bell on the warranty claims, leading to the plaintiffs' appeal.

‘In October 1958 plaintiff Chester Vandermark bought a new Ford automobile from defendant Lorimer Diesel Engine Company…He and his sister, plaintiff Mary Tresham, suffered serious injuries.’

Issue

Did the trial court err in granting a nonsuit in favor of Ford Motor Company and directing a verdict for Maywood Bell Ford on the warranty causes of action?

‘Did the trial court err in granting a nonsuit in favor of Ford Motor Company and directing a verdict for Maywood Bell Ford on the warranty causes of action?’

Rule

A manufacturer is strictly liable in tort when an article placed on the market proves to have a defect that causes injury, regardless of the defect's source. Retailers are also strictly liable for personal injuries caused by defects in products they sell.

‘A manufacturer is strictly liable in tort when an article he places on the market, knowing that it is to be used without inspection for defects, proves to have a defect that causes injury to a human being.’

Analysis

The court found that the plaintiffs provided substantial evidence that the car had a defect when delivered, which was likely caused by negligence in its design, manufacture, or assembly. The court emphasized that the manufacturer cannot escape liability by claiming the defect arose from actions taken by authorized dealers. The evidence presented by the plaintiffs, including expert testimony regarding the braking system, supported the conclusion that the defect was present at the time of delivery.

‘…the trial court erred in granting a nonsuit on the causes of action by which plaintiff sought to establish that Ford was strictly liable to them.’

Conclusion

The court reversed the nonsuit in favor of Ford Motor Company, allowing the plaintiffs to pursue their claims for negligence and breach of warranty. The judgment in favor of Maywood Bell Ford on the negligence claims was affirmed, but the court reversed the directed verdict on the warranty claims.

‘The judgment of nonsuit in favor of Ford Motor Company is reversed.’

Who won?

The plaintiffs prevailed against Ford Motor Company, as the court found that there was sufficient evidence of a defect present in the car at the time of delivery, which was likely due to Ford's negligence.

‘Since plaintiffs introduced or offered substantial evidence that they were injured as a result of a defect that was present in the car when Ford's authorized dealer delivered it to Vandermark…’

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