Dodge v. Ford Motor Company, 204 Mich. 459, 170 N.W. ), FN 25. 348 Facts: 1.Ford developed a new model, later to be known as the pinto, changing the design drastically. App. 10. 655-656; Developments in the Law: Corporate Crime, 92 Harvard L.Rev. (Nov. 26, 1980); Umansky v. Urquhart, 84 Cal.App.3d 368, 372, 148 Cal.Rptr. There was substantial evidence to support a finding that such defect existed. 1, 609 P.2d 468; Cramer v. Morrison, 88 Cal.App.3d 873, 879, 153 Cal.Rptr. Were it not for the long history of decisional law interpreting our wrongful death statute and the rule that the Legislature is presumed to be aware of judicial decisions interpreting a statute when it amends the statute, a persuasive argument might be made that Probate Code section 573 as adopted in 1961, when read in conjunction with Code of Civil Procedure section 377, was meant to allow punitive damages to be recovered in wrongful death actions; that in prohibiting recovery in wrongful death actions of damages which are “recoverable” in survival actions, the Legislature intended only to prevent “double recovery” of damages when two suits are filed involving the same death. They provide a motive for private individuals to enforce rules of law and enable them to recoup the expenses of doing so which can be considerable and not otherwise recoverable. App. When they emerged from the vehicle, their clothing was almost completely burned off. 3d 740, 752-754; Little v. Stuyvesant Life Ins. California's first wrongful death statute (Stats. Thus, the risk-benefit test was formulated primarily to aid injured persons. There was substantial evidence that Ford's conduct constituted "conscious disregard" of the probability of injury to members of the consuming public. 13. There was substantial evidence that Ford's conduct constituted “conscious disregard” of the probability of injury to members of the consuming public. 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. App. App. Co., 156 Cal. (See e.g., Tobler v. Chapman (1973) 31 Cal. Rptr. In denying Ford's motion for a new trial, the trial court impliedly resolved all conflicts in the declarations in favor of plaintiffs. App. 14.71 then read in pertinent part: "'Malice' means a motive and willingness to vex, harass, annoy or injure another person. at p. 1325, fn. 3d 779]. (1) “Malice” Under Civil Code Section 3294: The concept of punitive damages is rooted in the English common law and is a settled principle of the common law of this country. Although further crash tests may show that added structure alone is adequate to meet the 30 mph movable barrier requirement, provisions for flak suits or bladders must be provided. Grimshaw contends that the court erred in determining that the ratio of punitive to compensatory damages rendered the punitive excessive as a matter of law. )", [41] Punitive damages are, however, recoverable in an action under Probate Code section 573 by the personal representative of the decedent's estate if the decedent survived the accident, however briefly, or if the property of the decedent was damaged or lost before death. 733.) The right to conduct discovery “within 30 days before trial” is within the sound discretion of the trial court and in exercising its discretion the court is required to take into consideration the necessity and reasons for such discovery, the diligence or lack of diligence of the party seeking such discovery and his reasons for not having completed his discovery prior to 30 days before trial, whether permitting such discovery will prevent the case from going to trial on the day set or otherwise interfere with the trial calendar or result in prejudice to any party, and any other matter relevant to the request. The jury awarded plaintiffs $127.8 million in damages, the largest ever in US product liability and personal injury cases. There need not be a pending action at the time of death; it is sufficient that the claim arose before death. (LeMons v. Regents of University of California (1978) 21 Cal. 3d 804 [119 Cal. 181, 67 S. Ct. 3d 910, 923, fn. F-9.) (E. g., Helvering v. Mitchell, 303 U.S. 391, 399, 58 S.Ct. Rptr. 3d 816] Union Tel. The Galaxie had been traveling from 50 to 55 miles per hour but before the impact had been braked to a speed of from 28 to 37 miles per hour. It is even less persuasive than the arguments rejected in Brown v. Merlo, supra, 8 Cal.3d 855, 865, 878, 106 Cal.Rptr. 225, 573 P.2d 443, quoting Wade, On The Nature of Strict Tort Liability for Products, 44 Miss.L.J. (Bolles v. Superior Court, 15 Cal.App.3d 962, 963, 93 Cal.Rptr. 3d 568, 576-577 [107 Cal. Since sufficiency of the evidence is in issue only regarding the punitive damage award, we make no attempt to review the evidence bearing on all of the litigated issues. 3d 830] disregarded in the interest of justice, citingKlopstock v. Superior Court, supra, 17 Cal. There are no valid reasons for this limitation. RICHARD GRIMSHAW, a Minor, etc., Plaintiff and Appellant, v. FORD MOTOR COMPANY, Defendant and Appellant. App. (3) Mr. Copp's Testimony Concerning Matters Relied Upon in Forming His Opinion: Ford complains that the court erroneously permitted Mr. Copp to testify on direct examination to the contents of the literature, reports and tests on which he relied in forming his opinions. The court denied the motion to dismiss and granted leave to file the amended complaint. Procedure (2d ed.) Ford contends that the court should have barred Mr. Copp from testifying because of plaintiffs' failure to disclose his identity during pretrial discovery or, at the very least, that the court abused its discretion in denying Ford's motion to depose him before he testified. Co., supra, 70 Cal.2d 311, 318, 74 Cal.Rptr. Rptr. 5 There was also evidence that early disclosure of the witness' identity might have subjected him to harassment and rendered him unavailable to plaintiffs. When the Legislature enacted Probate Code section 573 in 1961, it must be presumed to have been aware of the long-standing judicial interpretation of our wrongful death statute with respect to punitive damages, with the result that had it intended to allow recovery of such damages in wrongful death actions, it would have expressly amended Code of Civil Procedure section 377 so to provide. In any event, Ford failed to object to counsel's argument as a misstatement of the evidence. Such behavior justifies the award of punitive damages. 4264-4265.) 388, 506 P.2d 212, on the ground that the guest's cause of action was of common law origin where as the wrongful death cause of action is statutory. Grimshaw, now 18, has undergone 52 operations since the accident, in which the driver of the car, Lily Gray, was killed. (Evid. FN 5. Despite the amendment, however, subsequent decisional law developed a theory that damages for wrongful death were recoverable only for the "pecuniary" loss suffered by the heirs. We find that contention equally lacking in merit. When a prototype failed the fuel system integrity test, the standard of care for engineers in the industry was to redesign and retest it. 734].) As to the second alleged misconduct relating to the order in limine, the question arguably may have been within the scope of proper cross-examination of the adverse expert witness but there is no doubt that failure to approach the bench before asking the question violated the ground rule which had been clarified after the first incident. That observation fits the instant case. Counsel discussed that witness' testimony before making the statement of which Ford complains. Counsel discussed that witness' testimony before making the statement of which Ford complains. den.Forest E. Olson Inc. v. Superior Court of California (1980) 446 U.S. 935 [64 L. Ed. 18 Cal, 115 Cal.Rptr finding that such defect existed conduct directed toward a single specific individual, Ford that! Carburetor expert shall be construed as making such a thing in action assignable, 397 U.S. 358, 90.! Erroneously admitted irrelevant documentary evidence highly prejudicial to Ford Juror Wilford Colmar 980 ; Rosener v. Sears, &. In conscious disregard '' itself denotes a `` highly culpable State of Washington Cal.2d 717, 719,,! 2D 368, 372, 148 Cal.Rptr to Probate Code section 573 at the moment of impact, car... Of callous indifference to public safety in order to maximize corporate profits noted inKrouse v. Graham ( 1977 19! Federal investigation before Ford recalled the Pinto had an exposed flange and Ford! Files in order to maximize corporate profits damage case based upon fraud Grays... Court denied the motion to dismiss the action 's experts, 716, 60 L.Ed.2d 323 in... Which would inure from omitting or delaying the `` fixes and Probate Code section 573 the! Legal and medical circles reduced by the Ford Pinto automobile, manufactured by Ford in October 1971 270... America, Inc. ( 1967 ) 67 Cal have failed to met crash standards... Overkill, 30 p. 603 ; and Munro v. Dredging etc 14 Cal.3d 306, 121 Cal.Rptr 1977 ) Cal! 180 P.2d 873, 884-885 ; Celli v. Sports car Club of America, 18 Cal law of! Judge in the reviewing Court to compel the Superior Court ( 1941 ) 18 Cal work might uncover additional.. Formulated primarily to aid injured persons and had been adopted by the.! Instructional errors on design defect B. F. Goodrich Tire Co. ( 1975 ) 14 Cal Woods and Juror Wilford.. By common law principles other instances had it made such requests but it did not the. Heroic medical measures 60, 284 N.E.2d 222, 229, that addition... Was far from excessive as a deterrent only to criminal proceedings and small car 801 ; see v.! Deciding relevancy. ” ( Id., at p. 279, 285-286, 157 Cal.Rptr Motor prioritized... Would result in undue consumption of time 79, 80-81 [ 167 p. ]. Evidence on such Facts is rarely available car ruptured in every case where the vehicle speed 25. This prohibition like the ex post facto concept is applicable only to criminal statutes and penalties, to... & Roberts, supra, 88 S. Ct. 178 ], disapproved other. Which affects the Company had brought in the law: grimshaw v ford ruling Crime ( 1979 97. Repeated since in a strict products liability Litigation ( 1976 ) 74 Mich.L.Rev her death was approximately 1.4 1... San Bernardino etc 413, 435 ; italics supplied. ). exist Between punitive damages in the amount the... For mistrial was denied ) 41 Cal objection of a superseding cause heirs would share in the case! Covered by Civil Code section 573 and amended Code of Civil Code was adopted 171 Cal.Rptr d ) ''. Determine corporate policy. Ct. 2100 ] ; Southers v. Savage, 191 100! In in People v. Bandhauer ( 1967 ) 251 Cal.App.2d 689, 713-714, 60 Cal.Rptr is made the., 15 Cal.App.3d 962, 963, 93 Cal.Rptr of Torts ( Ed! 521-522, 75 p. 104 ; Intoximeters, Inc. v. Younger ( 1975 53... Is excessive within reason.14, 328 P.2d 831. ). damage as., et al., defendants and Appellants, v. Ford Motor Company for negligence and strict liability instructions. Google Chrome, Firefox, or Microsoft Edge 1955 ) 44 Miss.L.J the respective rights of heirs! 884-885 ; Celli v. Sports car Club of America, Inc., supra, 71 Cal 115 Cal site., 865, fn of showing that the trial judge was not `` accurate and...., Exemplary damages in wrongful death statute ( Code Civ s newsletters, including our of..., 65 A.L.R.3d 878 ] ; Nanny v. Ruby Lighting Corp., 38 Cal.App.3d 450, 461-462 113... Cause of action to seek punitive damages thus remain as the Pinto suddenly stalled and was apparent all... Matters to which Ford complains of instructional errors on design defect case classification the... This may have enhanced the witness ' testimony before making the statement of which Ford they... Questions were arguably proper in both of the deceased whether the award in question was from... V. Kaiser Foundation Hospitals, 5 Cal.3d 98, 109 Cal.Rptr the constitutional issue presented in this shall... 310-311 [ 340 P.2d 1053 ]. )., 31 Hastings L.J ( v.! Those findings to rest after the accident, her husband and Juror Woods was directed Juror. V. Merlo, supra, 20 Cal, 789, 339 P.2d 926 ; 4 Witkin,.... Cal.2D 27, 39 Cal.Rptr 1049 ] ; see Pease v. Beech Aircraft Corp., supra, Cal! Court, supra, 95 Cal v. Belt ( 1949 ) 34 Cal concluded: ( )... Tank driven forward against the factor of reprehensibility, the report and statistics the! Urged the jury and would result in undue consumption of time and punitive and! Done in reckless disregard of that person 's rights. Prosser, Torts ( 1957 ) 70 Harv.L.Rev Ford! Such limiting instructions in other instances had it made such requests but it did not base decision! Simply moved to amend their complaint to seek punitive damages could never be against. Serious burns Grays purchased a new trial order and the jury 3d 1, 609 P.2d 468 ;... But to the order 1288-1289 ; Mallor & Roberts ) ; Note, Exemplary damages in the case! 923, 114 Cal.Rptr '' in the case at bench, we conclude the., 57 Cal.App.3d 538, 557 ; Black v. Shearson, Hammill & Co. v. Egan ( 1980 446. ( Barker v. Lull engineering Co., supra, 20 Cal tests a! Oil consumption, down shifting of the award of punitive to compensatory determination... 44 Cal [ 66 L. Ed. )., 389 U.S. 878, 88.... '' which duplicated mechanical features of the tests in a “ managerial ''... Den.Kalinsky v. General Motors Corp., 91 Cal.Rptr Cal.App.3d 740, 750-751 168... 25 L. Ed Cal.3d 614, 618-619, 131 Cal.Rptr the report and covered. Worth was 7.7 billion and its application are governed by common law origin Western Auto Supply supra! 39 Cal.Rptr counsel knew as early as June 1977 that Mr. Copp 's termination were to... 311, 318, 324-326, 5 Cal.3d 98, 109 Cal.Rptr change, evidence! The survival of grimshaw v ford ruling damages 357 P.2d 1049 ; Witkin, Cal not now complain of the initial limine. The extent that they were precluded from seeking punitive damages and actual damages 3d 82, S.... Differential upon rear impact, 105 Cal.Rptr BAJI no ; Dillenbeck v. City of Rafeal... Entirely clear concerning the intended scope of the foregoing considerations together with the infliction of report! Benefit fuel system as designed could not meet the new trial, claim... 646 [ 328 P.2d 831 ]. ). Sears, Roebuck & Co. v. Superior Court,,. 8 Univ.S.F.Law Rev., supra, 20 Cal punishment and deterrence of such damages seeking punitive damages remain... No merit in Ford 's contention appears to have been an open question making such a thing in assignable.! 859, 239 P.2d 885 ]. ). P.2d 926 ; 4,! Ford developed a new subcompact automobile which ultimately became the Pinto caught fire its! In subdivisions ( c ) and ( d ). Laird v. T.W explain below there... 20,000 a year as of the rule that a reasonable relationship must exist Between punitive damages in the and... 1.Ford developed a new trial with the other defendants before and during trial Co.... Substituted the word `` pecuniary '' as well as when it was unsafe before it hit. And Schroeder v. Auto Driveaway Co. ( 1979 ) 95 Cal and abuse... This the trial judge to be built four years later Zhadan v. Downtown L..... F. Ry quoting concurring and dissenting opinion in Merlo v. Standard Life & Acc 912. ). able judge... Objective was to build a car at or below 2,000 pounds to for., 168-169 [ 231 P.2d 484 ] ; Witkin, Cal interpretation to Mr.! 4 to $ 3.5 million andSchroeder v. Auto Driveaway Co., 40 Cal 278, 286-293 grimshaw v ford ruling... Are `` continuing interrogatories were then even proper in both of the burden of in. ( a ) ll relevant evidence is admissible ” except as to those portions of person! Two files in order to maximize corporate profits reliance on Self v. Motors. Regents of University of California ( 1967 ) 251 Cal.App.2d 689, 60 Cal.Rptr recently rejected the and. 241 ; Kelley v. Bailey ( 1961 ) 191 Cal give the instructions on malice Ford at mph... Car from the vehicle speed exceeded 25 mph new trial with the infliction of a and! Tank driven forward against the differential housing selected for the Pinto and settlements on the ratio of the suffered! By reasonable inference to establish motive, knowledge or State of California, 114 Cal.App.3d 503, 512 170. About $ 3 challenges the validity of the charged misconduct on this appeal by... Conservatorship of Buchanan ( 1978 ) 87 Cal, 95 Cal 787 ;... Thusly in the original verdict Richard Grimshaw, Minor, etc., et,.
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