Lawwly

Heaton v. Ford Motor Co.

Oregon Supreme Court

435 P.2d 806 (1967)

Relevant factsFree

Heaton (plaintiff) bought a new Ford truck for both everyday highway driving and off-road hunting use. While driving at normal highway speed, the truck struck a five- or six-inch rock; it drove normally for about 35 more miles before suddenly leaving the road and tipping over. Investigation later revealed the wheel rim had separated from its interior "spider" attachment, with a dent in the rim and a cut in the inner tube near that dent. Heaton sued Ford Motor Company (defendant) claiming the truck was defectively designed, but had no direct evidence identifying the specific design or manufacturing flaw. The trial court entered an involuntary nonsuit against Heaton, and he appealed.

IssueFree

Whether a plaintiff without direct or circumstantial evidence identifying a specific design or manufacturing defect may still reach the jury in a design-defect case by showing the product failed to perform as an ordinary user would reasonably expect.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases