, The courts found that, while "the standard of care for engineers in the industry" after a failed safety test was to "redesign and retest," and although fixes were inexpensive, "Ford produced and sold the Pinto to the public without doing anything to remedy the defects. 3d 757) estis Kalifornia kazo pri la sekureco de la Ford Pinto aŭto, produktita fare de Ford Motor Company … DISCUSSION Our effort to comply with the instructions from the United States Supreme Court has required us to reexamine the purpose and nature of punitive damages and to revisit certain pivotal California appellate cases, chief among them Grimshaw v. ...Legal Analysis Grimshaw v.Ford Motor Company Facts In 1972 a Ford Pinto, purchased six months prior, unexpectedly stalled on the freeway in California. Accordingly, I have consulted the Grimshaw record to learn what light it sheds on this question. Retrieved November 9, 2008 from Regis University Web site: https://worldclass. can use them for free to gain inspiration and new creative ideas for their writing assignments. Ford had a duty to Mrs. Gray to exercise reasonable care with the sale of the Pinto. Ford is the oldest automobile company and also one of the car companies presently in danger of becoming bankrupt once more. In Geier v American Honda Motor Company, the plaintiff was seriously injured when the 1987 Honda Accord ... Grimshaw v Ford Motor Company, 119 Cal App 3d 757 (1981). 348, was a product liability action involving an automobile manufacturer. In Grimshaw v. Ford Motor Company (1981) 119 Cal.App.3d 757, 174 Cal.Rptr. 5M, which was more reasonable and not in excess. Weighed against the factor of reprehensibility, the punitive damage award as reduced by the trial judge was not excessive.". Gullett died from this accident, and her personal representative Charles Lucero (“Lucero”) filed a lawsuit against Ford Motor Co. (“Ford”) in a Montana state district court on Gullett’s behalf, claiming strict liability for design defect , strict liability for failure to warn , and negligence . In the case of Grimshaw v. Ford Motor Company, Ford had a duty to Mrs. Gray when she purchased the Pinto from them. Grimshaw v. Ford Motor Co. (1981) 119 Cal.App.3d 757..... 22 Hale v. Farmers Ins. Ford contended the punitive damages on two grounds: 1) punitive damages are statutorily and constitutionally impermissible in design defect cases; and 2) there was no evidentiary support for a finding of malice or corporate responsibility for malice. ", Ford tested two production models of the Pinto and prototypes, some of which "were true duplicates of the design car," "to determine, among other things, the integrity of the fuel system in rear-end accidents. In discussing the appellate court findings of fact Schwartz (1990) notes that the appellate court was under strict rules of interpretation. Ford proved to be both negligent and strictly liable in the case of Grimshaw v. Ford Motor Company. In 1968, Ford began designing the subcompact car that would eventually become known as the Pinto. 348) was a personal injury tort case decided in Orange County, California in February 1978 and affirmed by a California appellate court in May 1981. Doctors estimated that Grimshaw would require many more surgeries within the next 10 years. ", Ford contended that the "Exemplary damages" section of California's civil code required an "evil motive," or an intent to injure the person harmed, for punitive damages, and argued absence of malice. The Pinto was hit from behind by a Ford Galaxy, erupting into flames instantly. Grimshaw v Ford Motor Company. Ford discovered that the fuel tanks position was in a ‘vulnerable place’ and the car failed to met crash safety standards. You may use the Internet to find additional information. One of the those cases, Grimshaw v. Ford Motor Company (1981) 119 Cal.App.3d 757, 174 Cal.Rptr. At trial the plaintiff contended that the failure was due to a defect in the design of the braking system, which caused the brake fluid to heat up and vaporize. The report recommended deferring fixes in order to accrue cost savings. The U.S. system of common law: 3. The jury gave the plaintiff $ 127.8 million in compensation, the … Once gas had spilled throughout the vehicle it caught fire, and burned Mrs. Gray to death, while Robert Grimshaw survived with severe burns to his face and body. Ford failed to do any of these things so they were found to be strictly liable for the death of Gray and the injuries suffered by Grimshaw. fn. A Mrs. Lilly Gray was died as result and her son 13 year-old Richard suffered severe and permanently disfiguring burns to his face and entire body. Ford management sold the Pinto without safety features in order to save money. Eighth Judicial Dist. (2007). Prior to this landmark case, the safety features of a vehicle were not a priority. Rptr. The jury awarded plaintiffs $127.8 million in damages, the largest ever in US product liability and personal injury cases. ” and “Did Ford Motor Company have an ethical responsibility to inform the consumer of these design defects before the sale? Grimshaw was awarded $2,516,000 compensatory damages and $125 million punitive damages; the Grays [119 Cal.App.3d 772] were awarded $559,680 in compensatory damages. The appellate court found no statutory impediments to punitive damages and said that "Ford's contention that the statute is unconstitutional has been repeatedly rejected. Mrs. Lilly Gray, the driver of the Pinto, suffered fatal burns and 13-year-old Richard Grimshaw, a passenger in the 2 Ethical Analysis- 1. This combination of design changes clearly would have improved the Pinto's safety to some appreciable extent. And finally, there had to be causality between the Pinto’s defect and Ford’s conduct and the injury that was caused to Mrs. Gray and Robert Grimshaw. Alternatively, they assert that if not already impliedly overruled, this court should now expressly overrule that decision. Don't use plagiarized sources. Facts: 1. ...Legal Analysis Grimshaw v.Ford Motor Company Facts In 1972 a Ford Pinto, purchased six months prior, unexpectedly stalled on the freeway in California. Grimshaw v. Ford Motor Company (119 Cal.App.3d 757, 174 Cal.Rptr.348) is a personal injury lawsuit that was decided in Orange County California in February 1978 and affirmed by the California court of appeal in May 1981 The suit involved the safety of Ford Pinto's car design, manufactured by Ford Motor Company. If selling the safest vehicle was not possible, Ford should have then informed the customer of any known defects by providing warnings or warranties for the Pinto. 1. Both Grimshaw and Gray’s family sued Ford Motor Company on the grounds of negligence and strict liability for the car bursting into flames when it was struck from behind. " The court found that a flange and a line of bolts on the Pinto's differential housing "were sufficient to puncture a gas tank driven forward upon rear impact. In analyzing the case include the following information. Grimshaw v. Ford Motor Company (119 Cal.App.3d 757, 174 Cal.Rptr. 5M, which was a more just and reasonable award, according to the courts, for the plaintiff. The individual Alabama plaintiff, whose new car had been repainted without his knowledge before he bought it, proved compensatory damages of only $4,000 but, on evidence that nationwide the defendant had sold about 1,000 refinished automobiles without disclosure, was awarded $4 million in Although plaintiffs also introduced evidence at trial of Ford s worldwide net income, they rely in this court solely … 1 Both strict liability and negligence applied to the case of Grimshaw v. Ford Motor Company as explained in the observations. 2. Grimshaw appeals from the order granting a conditional new trial and from the amended judgment entered pursuant to the order. 5. Ford Motor Company of Japan Limited was the Japanese subsidiary of the United States-based automaker Ford Motor Company. 2. Rptr. 13-year-old Richard Grimshaw, a passenger, suffered severe, permanently disfiguring burns to his entire body. The jury's general verdict does not reveal whether and how the jury resolved such conflicts in the evidence; and I am in no position to resolve them here. The appellate court held that the trial court did not err in reducing the jury's award of punitive damages from more than 122 million to 3.5 million or in granting a new trial for excessive damages. App. 119 Cal.App.3d 757 (1981) 174 Cal. Ford was also found to be held strictly liable in this case since their product and lack of action caused injury to the plaintiff. '" In Taylor v. Superior Court, the California Superior Court held that a conscious disregard of the safety of others is sufficient to meet the animus malus required for punitive damages awards, 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." There was substantial evidence that Ford's conduct constituted "conscious disregard" of the probability of injury to members of the consuming public...There is substantial evidence that management was aware of the crash tests showing the vulnerability of the Pinto's fuel tank to rupture at low speed rear impacts with consequent significant risk of injury or death of the occupants by fire. 10. Grimshaw had been a passenger in a Ford Pinto, a car never sold in the UK. at 359, 388. ” 3. II. Two landmark legal cases, Grimshaw v. Ford Motor Co. and Indiana v. Ford Motor Co., resulted from fatal accidents involving Pintos. Consider now, however, the combination of a stronger bumper, a smooth (bolt-free) differential, and the addition of both hat sections and horizontal cross-members. Ford’s negligence because of the defective gas tank design caused the severe burns to Grimshaw and Gray’s death. 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. The impact ignited a fire in the Pinto which killed Lily Gray and left Richard Grimshaw with devastating injuries. You can get your Ford Motor Company and its amici contend that this court's holding in Chemical Cleaning was effectively overruled by the 1981 adoption of Tex.R.Civ.P. Programo. 17. Grimshaw v. Ford Motor Company, 9th Circuit, 849.F.2d 460 (1968). Grimshaw v. Ford Motor Company (119 Cal.App.3d 757) was a California case about the safety of the Ford Pinto car, manufactured by Ford Motor Company with knowledge of … Graham JD. Mr. Marino leased a 2019 Ford F-150 Sport. Once a variety of misconceptions are stripped away, this limited core of the Pinto story remains. The argument that no defendant has fair warning of the amount of damages which may be imposed was discussed in Peterson v. Superior Court, supra, 31 Cal. Grimshaw v. Ford Motor Company (119 Cal.App.3d 757, 174 Cal.Rptr. Grimshaw was awarded $2,516,000 compensatory damages and $125 million punitive damages; the Grays [119 Cal.App.3d 772] were awarded $559,680 in compensatory damages. The appellate court affirmed the trial court. Background of the Study a. Support For Ethical Issues: The court proved that Ford Motor Company knowingly continued with production of the Pinto, against the advice of Ford engineers, because of a known design defect of the gas tank in rear-collision crashes. This company employees more than 360,000 employees and has. Grimshaw and Gray’s heirs sued Ford motor company based on theories of negligence and strict liability, alleging that the defendants knew from pre-manufacturing crash tests regarding the design flaws with the fuel system (Grimshaw v. Ford Motor Company, 1981). 4. 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. 348, an individual was severely burned when the Ford Pinto in which he was riding was rear-ended and erupted into flames. A state statute mandates that the statute of limitations for a negligence lawsuit is two years and the plaintiff is barred from filing the suit if they file after that time. Court at 482–83. The Grimshaw tort case revolutionized how motor vehicle manufacturers prioritized the safety of their vehicles. Ford Motors. , A 1972 Pinto rear-end impact and fire in Orange County, California, resulted in the death of the driver Lily Gray and severe injury to passenger Richard Grimshaw. Issue: Is Ford Applicable Legal Rules: The laws that apply to this case are negligence and strict liability. Ford violated all three of these elements. " The court found that the Pinto's rear structure lacked reinforcement "found in all automobiles produced by Ford's overseas operations," rendering the Pinto "less crush resistant than other vehicles. dml. Grimshaw was awarded $2,516,000 compensatory damages and $125 million punitive damages; the Grays. Grimshaw was awarded $2,516,000 compensatory damages and $125 million punitive damages; the Grays were awarded $559,680 in compensatory damages. ", Ford contended that the trial court erroneously admitted Ford's "Fuel System Integrity Program Financial Review" report as irrelevant and prejudicial. ", Design changes that would have enhanced the fuel system at very little cost included:, Equipping the car with a reinforced rear structure, smooth axle, improved bumper and additional crush space at a total cost of $15.30 would have made the fuel tank safe in a 34 to 38-mile-per-hour rear-end collision by a vehicle the size of the Ford Galaxie. University of California Los Angeles law professor Gary T. Schwartz, writing in 1990, said that the jury verdict was plausible, and that the "core of the Pinto story" was: Given this description of the Pinto's design problem, some comments can be offered on the decision-making process within Ford that resulted in the Pinto. 2. History of the... Save Paper; 52 Page; 12831 … The lawsuit involved the safety of the design of the Ford Pinto automobile, manufactured by the Ford Motor Company.  Harley Copp, a former Ford engineer and the executive in charge of the crash testing program, "testified that the highest level of Ford's management made the decision to go forward with the production of the Pinto, knowing that the gas tank was vulnerable to puncture and rupture at low rear impact speeds creating a significant risk of death or injury from fire and knowing that 'fixes' were feasible at nominal cost.". By awarding the plaintiff punitive damages, this proved that Ford was responsible for the wrongful death action. 3d 147, 160-161 which cited with approval Grimshaw v. Ford Motor Co., supra. 3 Ford breached their moral duty to their customers by not exercising due care because they purposely hid design defects of the vehicle and then sold them to unknowing consumers. The courts found that Lee Iacocca, at the time a vice president at Ford, conceived the Pinto "project and was its moving force" and said that "Ford's objective was to build a car at or below 2,000 pounds to sell for no more than $2,000. grimshaw v. ford motor co. may 29, 1981 richard grimshaw, a minor, etc., plaintiff and appellant, v. ford motor company, defendant and appellant. Week 3: Civil Litigation: Product Liability, Negligence, and Strict Liability. Legal Analysis Grimshaw v. Ford Motor Company Facts In 1972 a Ford Pinto, purchased six months prior, unexpectedly stalled on the freeway in California. Ford did not do this by hiding known internal Ford information that the gas tank design was defective and was proven during rear crash tests conducted.  The appellate court ruled that the report was highly relevant in that "A reasonable inference may be drawn from the evidence that despite management's knowledge that the Pinto's fuel system could be made safe at a cost of but $4 to $8 per car, it decided to defer corrective measures to save money and enhance profits.". ford showed product liability when they did not make 3d 681 ... Plaintiff’s Opposition to Monsanto Company’s … Watch Queue Queue. Observations: As stated above, there are three elements in negligence law which must all be present; duty, causality, and breach/injury. The allegation at trial was that Ford knew that the placement of the Pinto’s gas tank made it at risk of rupturing in a rear … The other vehicle’s impact caused the gas tank to puncture and rupture, spilling gas throughout the cabin of the vehicle. In Grimshaw v. Ford Motor Company, Ford was found liable because A)Ford ignored a government recall warning to the detriment of its customers. During crash tests it was proven that there were design defects with the gas tank, however, Ford found that when the gas tank was moved, a rubber bladder was put in the tank, or when a plate was placed between the tank and the rear bumper, it greatly reduced the threat of injury and gas tank design problems. 3d 757 [174 Cal. If the tank had been located over the rear axle, it would have been safe in a rear impact at 50 miles per hour or more. App. Gray's family and Grimshaw filed separate suits against Ford, but the actions were consolidated for trial. Scholars There was no evidence showing that the trial judge abused his discretion, nor that he acted in any way that was not fair and reasonable under the circumstances. The appellate court affirmed the trial court. App. CARMEN GRAY, a Minor, etc., et al., Plaintiffs and Appellants, Posture: Verdict for plaintiffs at trial: Grimshaw gets $2.15M compensatory and $125M punitive; Gray gets $559K compensatory. I think that Ford Motor Company should compensate everyone that has been injured or killed due to this known and hidden gas tank design defect. https://phdessay.com/grimshaw-v-ford-motor-company/, Ford Motor Company: Supply Chain Strategy Case, Corporate Social Responsibility and the Environment: The Fordasaurus. 3d 757 [174 Cal. 1982). Ford Motor Company appealed this verdict because of the amount awarded in punitive damages. for $125 million in punitive damages in the case of Grimshaw v. Ford Motor Co.' The case involved the design of the first modem American subcompact car, the Ford Pinto,' and arose from the t Professor of Law, University of South Carolina. ", Ford tested modified Pinto prototypes, which "proved safe at speeds at which the Pinto failed," including modifications to line the fuel tank with a rubber bladder, to locate the fuel tank above rather than behind the rear axle, and to add reinforcement. Ford appealed and the South Carolina Court of Appeals reversed in Riley v. Ford Motor Co., 408 S.C. 1, 757 S.E.2d 422 (Ct. App. Mrs. Gray’s Pinto was struck from behind by another vehicle. Most of their problems stem from a poor product. Following a six-month jury trial, verdicts were returned in favor of plaintiffs against Ford Motor Company. Taylor’s great contribution to industrial production was to attempt to apply the principles of scientific analysis to work and its organization. com. ", The court found that the Pinto's styling required the gas tank to be placed behind the rear axle, instead of over the rear axle as was "the preferred practice in Europe and Japan" and that the Pinto had "only 9 or 10 inches" of "crush space," "far less than in any other American automobile or Ford overseas subcompact. 9. Gullett died from this accident, and her personal representative Charles Lucero (“Lucero”) filed a lawsuit against Ford Motor Co. (“Ford”) in a Montana state district court on Gullett’s behalf, claiming strict liability for design defect , strict liability for failure to warn , and negligence . The rushed project left only 9 to 10 inches of “crush space” by the fuel tank. CA Facts: Exploding Pinto. The driver of the car, Lilly Gray, suffered from fatal burns and died a few days later in the hospital. In at least one test collision "spilled fuel entered the driver's compartment through gaps resulting from the separation of the seams joining the rear wheel wells to the floor pan," separations due in part to "the lack of reinforcement in the rear structure. Grimshaw and the heirs of Mrs. Gray (Grays) sued Ford Motor Company and others. This is just a sample. On Ford's motion for a new trial, Grimshaw has to give back all but $3.5M of the punitives. 4. 2. The lawsuit involved the safety of the design of the Ford Pinto automobile, manufactured by the Ford Motor Company. Both Grimshaw and Gray’s family sued Ford Motor Company on the grounds of negligence and strict liability for the car bursting into flames when it was struck from behind. Following a six-month jury trial, verdicts were returned in favor of plaintiffs against Ford Motor Company. 7 . It exhibited a conscious and callous disregard of public safety in order to maximize corporate profits...Ford's tortious conduct endangered the lives of thousands of Pinto purchasers. See id. Get Your Custom Essay on Grimshaw V. Ford Motor Company Just from $13,9/Page Get custom paper. Henry Ford Henry Ford was one of America's greatest businessperson, the founder of Ford Motor Company and the man largely responsible for mass production in the American economy. Product liability and motor vehicle safety. 348) for support on the support on theconstitutional issue involved here because that decision decision is highly critical of the cases relied upon in the lead opinion, in particular, Georgie Boy and In re Paris Air Crash. 94-284, §3(e), May 11, 1976; 90 Stat 504 (1976). Introduction In 1978 a Californian court awarded more than $128 million to Richard Grimshaw - sum then worth 66 million in compensation and punitive damages against the Ford Motor Company. And this is a core that may well be strong enough to support the "myth" of the Ford Pinto case in the second of the meanings described above. Case – Grimshaw v. Ford Motor Company developed a new trial with the Pinto safety! Get Custom paper from our expert writers, Grimshaw v. 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