Lawwly

Vandermark v. Ford Motor Co.

Supreme Court of California

391 P.2d 168 (1964)

Relevant factsFree

Vandermark (plaintiff) lost control of a new Ford purchased from authorized dealer Maywood Bell (defendant) after roughly 1,500 miles when the brakes allegedly self-applied due to a piston failure in the master cylinder, injuring Vandermark and his sister Tresham (plaintiffs); the trial court struck Vandermark's expert testimony on the cause and rejected his offer to prove all possible causes of the piston failure were attributable to Ford and Maywood Bell, then granted Ford's nonsuit and directed a verdict for Maywood Bell on warranty claims, with the jury finding for Maywood Bell on negligence. Vandermark and Tresham appealed.

IssueFree

Whether an automobile manufacturer and an authorized dealer are strictly liable in tort when someone is injured as a result of a defect that was present in the car when the vehicle was delivered to the dealer and subsequently delivered to the consumer.

Unlock the full brief

Free accounts read 20 full briefs. No card required.