Based on these estimates, it is recommended that the addition of the flak suit/bladder be delayed on all affected cars until 1976. 13 The 1980 revision of BAJI uses the expression "conscious disregard of the plaintiff's rights." For all of the reasons stated in our opinion on Ford's appeal from the Grimshaw judgment, Ford's attacks upon the Grays' judgment must fail. 786, 520 P.2d 10.) (19 Cal.3d at p. 586, 139 Cal.Rptr. We are unpersuaded. 470.) Funeral Home website by. Ford also conducted the tests to see if the Pinto as designed would meet a proposed federal regulation requiring all automobiles manufactured in 1972 to be able to withstand a 20-mile-per-hour fixed barrier impact without significant fuel spillage and all automobiles manufactured after January 1, 1973, to withstand a 30-mile-per-hour fixed barrier impact without significant fuel spillage. The instruction as given merely substituted the word "conscious" for the word "reckless." The Grays advance three theories on which they predicate their arguments that denial of leave to amend constituted prejudicial error: (1) Because the executor or administrator of Mrs. Gray's estate could have sought punitive damages in an action under Probate Code section 573, the fact that the heirs, rather than the personal representative, were attempting to recover punitive damages was merely a technical irregularity which should have been disregarded in the interest of justice; (2) the California rule barring recovery of punitive damages in wrongful death actions is the product of an erroneous interpretation of the pertinent statutes; and (3) to the extent that the California statute prohibits heirs from recovering punitive damages, it is violative of the equal protection clauses of the state and federal Constitutions. It is settled that misconduct of counsel in argument to the jury may not be urged for the first time on appeal absent a timely objection and request for admonition in the trial court if timely objection and admonition would have cured the harm. This month, fans of the infamous Ford Pinto will gather to celebrate the cars 45th anniversary at an annual event called the Pinto Stampede in Carlisle, PA. Its a time for enthusiasts to share stories and bond over their love for Fords budget-friendly subcompact. Richard William Grimshaw Washingon, Utah Richard William Grimshaw passed away on Saturday, January 4, 2014, just a few weeks shy of his 70th birthday. 731. July 21, 2022 A member of U.A.W. Plaintiffs' responses to Ford's demand for the names of the experts and to codefendant Wilson-Ford's motion to compel election were filed before January 10, 1977. First, the excluded study encompassed only a small number of collisions which resulted in Pinto fires, thus rendering the sampling open to misleading inferences. can stop at any time. Nor was the size of the award excessive in light of its deterrent purpose. Service: A Celebration of Richards Life will be held at a later date. Loving Grandfather to Heather (Sam) Baker, Krystina and Zachary Woelkers, Richard IV and Alexis Grimshaw, Amanda, Briana and Cameron Lack. ), The related contention that the potential liability for punitive damages in other cases for the same design defect renders the imposition of such damages violative of Ford's due process rights also lacks merit. (Id., at p. 34, 164 Cal.Rptr. In addition, the surviving heirs lost the comfort and society of a devoted wife and mother. 78.) 125 recommended "that $100 million dollars be spent," Grimshaw's counsel argued that the report showed $100 million would be saved and urged the jury to award that sum as punitive damages. We find nothing approaching the egregious conduct of counsel or lack of courtroom control by the judge that occurred in Love v. Wolf, 226 Cal.App.2d 378, 38 Cal.Rptr. The premise of the Grays' first argument is that because Mrs. Gray survived the accident for three days, her personal representative would have been entitled to seek punitive damages in an action under Probate Code section 573. Nor is the record clear that Grimshaw's counsel was referring to Exhibit No. Considering such potential liability, we find the amount as reduced by the trial judge to be reasonable and just. Ford is, therefore, precluded from raising the contentions of misconduct unless they were such as could not have been cured by an admonition. Oct 27, 1929 - Apr 17, 2011. [119 Cal.App.3d 784] Ford complains that, because the trial court's ruling was based on evidence taken at the in camera proceeding from which Ford was excluded, the ruling violated Ford's due process right and constituted reversible error per se. In these conversations, both men expressed concern about the integrity of the Pinto's fuel system and complained about management's unwillingness to deviate from the design if the change would cost money. 793, 357 P.2d 1049; Witkin, Cal. The principle applies to evidentiary rulings. Family and friends must say goodbye to their beloved Richard Grimshaw Sr. (Bremen, Georgia), who passed away at the age of 72, on April 15, 2019. Read more on Closer online. A party offering an expert witness is entitled to examine him "as to his qualifications and experience so that the full weight to be accorded his testimony will become apparent." Survivors include his wife Venice L. Grimshaw; one son and daughter-in-law, Richard E. (Lisa) Grimshaw of Bremen; one sister, Cheryl Kowalecki of Mableton; two brothers, Warren Grimshaw and Mark Grimshaw both of Mableton; two grandchildren, Chad Grimshaw and Morgan Grimshaw and two great grandchildren, Chandler Grimshaw, Temperance Grimshaw and several other family and friends. (People v. La Macchia, 41 Cal.2d 738, 744-745, 264 P.2d 15, overruled on other grounds in County of Los Angeles v. Faus, 48 Cal.2d 672, 680, 312 P.2d 680; Baily v. Kreutzmann, 141 Cal. dismd. Mark Robinson and Daniel Robinson named California Lawyer Attorneys of the Year, Experian Data Breach Settlement Preliminarily Approved, $17 Million Nationwide Class Action Settlement with PHH and Realogy Approved, Hometown America Orchard Mobile Home Community, Ford Pintos Real Legacy: Suffering and Death. 416; Rupp v. Summerfield, 161 Cal.App.2d 657, 667, 326 P.2d 912.). 225, 573 P.2d 443.) (Georgie Boy Manufacturing, Inc. v. Superior Court, supra, at p. 225, fn. Ford argues that but for the court's erroneous initial ruling and its consequent cross-examination on the reason for Mr. Copp's retirement, the damaging rehabilitation evidence would not have come in. "In addition to added rear-end structure, Chassis Engineering believes that either rubber 'flak' suits (similar to a tire carcass), or alternatively, a bladder lining within the fuel tank may be required on all cars with flat fuel tanks located under the luggage compartment floor (all cars, except Ford/Mercury/Lincoln and Torino/Montego station wagons). One was a statistical study from an accident data bank maintained by the state patrol of the State of Washington. 398.) (Owen, supra, pp. This is the old version of the H2O platform and is now read-only. We have concluded: (1) The rationale of Klopstock v. Superior Court, 17 Cal.2d 13, 108 P.2d 906, cited in support of the first theory is inapplicable; (2) the California rule on punitive damages in wrongful death actions did not arise out of statutory misinterpretation; and (3) denying heirs the right to seek punitive damages in a wrongful death action where such right survived the decedent and could have been asserted by the personal representative of the decedent's estate under Probate Code section 573 does not offend the equal protection clauses of the state and federal Constitutions. Grimshaw contends that the new trial order is erroneous because (1) the punitive damages awarded by the jury were not excessive as a matter of law, (2) the specification of reasons was inadequate; and (3) the court abused its discretion in cutting the award so drastically. 389, 582 P.2d 980.) Barker contrasts the risk-benefit strict liability test with a negligent design action, stating that "the jury's focus is properly directed to the condition of the product itself, and not to the reasonableness of the manufacturer's conduct. No public calling hours. He married Nancy Ann Rickett on August 25, 1842 in Carroll County, Ohio.Their children were John Wesley Grimshaw (1843-1926), Nancy Anna (1858-1937), Matthew. If any other rule were to obtain, the party would in most cases be careful to be silent as to his objections until it would be too late to obviate them, and the result would be that few judgments would stand the test of an appeal.' Besides Grimshaw's case, there had been many other deaths caused by this vehicle. Additionally, the circumstances surrounding Mr. Copp's termination were relevant to the issue of malice on the claim for punitive damages. The study showed that the cost of placing the gas tank over the axle with protective shield was about $10 and that a tank within a tank with polyurethane foam between tanks would have cost about $5. 1271, 63 L.Ed.2d 597.) Mechanical prototypes struck from the rear with a moving barrier at 21-miles-per-hour caused the fuel tank to be driven forward and to be punctured, causing fuel leakage in excess of the standard prescribed by the proposed regulation. With heavy hearts, we announce the death of Richard A. Grimshaw of Walnutport, Pennsylvania, born in Ludlow, Massachusetts, who passed away on July 21, 2022 at the age of 66. In Richard Grimshaw v. Ford Motor Company, the judgment, the conditional new trial order, and the order denying Ford's motion for judgment notwithstanding the verdict on the issue of punitive damages are affirmed. 132; Wetherbee v. United Ins. 713, 718, 106 P. Sign up for service and obituary updates. The authors advocate abandonment of the rule that a reasonable relationship must exist between punitive damages and actual damages. Ford relies on the general proposition that evidence to support the credibility of a witness is inadmissible until there has been an attempt to impeach; that until a witness' credibility has been attacked, there is nothing to rehabilitate. (People v. La Macchia, supra, 41 Cal.2d 738, 264 P.2d 15.) Ry. Both his parents were born in Pennsylvania. Ford therefore cannot complain of the failure to instruct on the risk-benefit test. A production Pinto crash tested at 21-miles-per-hour into a fixed barrier caused the fuel neck to be torn from the gas tank and the tank to be punctured by a bolt head on the differential housing. ", 12 The doctrine was expressed in Dorsey v. Manlove, supra, 14 Cal. 4 The judge's account of the in camera inquiry of plaintiffs' counsel (Mr. Hews, Mr. Robinson, Mr. Rubin) was in substance as follows: Mr. Hews represented to the court that since Ford's last request for a list of plaintiffs' expert witnesses, he had come upon three (or four) individuals, two (or three) of whom were employees of Ford dealers and the other a retired Ford employee who had been active in design. We have examined the record and find that in each of the instances of which Ford complains, the argument was within the bounds of propriety. A party can be compelled to identify the experts whom he contemplates calling as witnesses and such experts may, upon good cause shown, be deposed by the other party. These engineering assumptions were developed from limited vehicle crash test data and design and development work. He was born on May 2, 1946 to the late Chester Emlyn Grimshaw and the late Annice Posey Grimshaw. 754, 537 P.2d 874; Alter v. Michael, 64 Cal.2d 480, 482-483, 50 Cal.Rptr. In Foglio, we held that an instruction permitting the jury in a strict products liability case to consider industry custom or practice in determining whether a design defect existed constituted error. 837, 491 P.2d 421; Buckley v. Chadwick, 45 Cal.2d 183, 200, 288 P.2d 12.) He was born in Watertown, NY to George and Harriet (Samuels) Grimshaw and honorably. (See Neal v. Farmers Ins. No authorities are cited to support this contention and we find none. We find no misconduct of counsel or miscarriage of justice resulting from the form of the questions propounded by plaintiffs' counsel. 622, 523 P.2d 662; Donnelly v. Southern Pacific Co., supra, 18 Cal.2d 863, 869-870, 118 P.2d 465; Nolin v. National Convenience Stores Inc., supra, 95 Cal.App.3d 279, 285-287, 157 Cal.Rptr. (Stencel Aero Engineering Corp. v. Superior Court, supra, 56 Cal.App.3d 978, 987-988, 128 Cal.Rptr. Discovery (2d ed.) Reports on the death related to the Pinto range from 27 to 500 deaths. Mr. Grimshaw, who suffered terrible burn injuries was awarded more than $128 million in the largest product liability verdict ever at the time. " (Barker v. Lull Engineering Co., supra, 20 Cal.3d 413, 430, 143 Cal.Rptr. "Nothing in this section shall be construed as making assignable things in action which are of such a nature as not to have been assignable prior to the enactment of the 1961 amendment to this section. For example, Ford notes that California statutes provide a maximum fine of only $50 for the first offense and $100 for a second offense for a dealer who sells an automobile that fails to conform to federal safety laws or is not equipped with required lights or brakes (Veh.Code, 24007, 24250 et seq. (Id.) 865; Celli v. Sports Car Club of America, Inc., supra, 29 Cal.App.3d 511, 522, 105 Cal.Rptr. Honorary pallbearers will be the Bottoms Hunting Club. The "relevant factors" which a jury may consider in applying the Barker "risk-benefit" standard include "the gravity of the danger posed by the challenged design, the likelihood that such danger would occur, the mechanical feasibility of a safer alternative design, the financial cost of an improved design, and the adverse consequences to the product and to the consumer that would result from an alternative design." Co., supra, 70 Cal.2d 311, 318, 74 Cal.Rptr. supra, pp. 28 When life ends, as well as when it begins, has long been a controversial subject in legal and medical circles. Deterrence of such "objectionable corporate policies" serves one of the principal purposes of Civil Code section 3294. The court nevertheless sustained Ford's objections to the questions, presumably on the basis that the prejudicial effect of the evidence outweighed its probative value, but denied the mistrial motions. 488-489, 492-493. 3 Plaintiffs settled with the other defendants before and during trial; the case went to verdict only against Ford Motor Company. ), 16 The court stated that "the principles by which the propriety of the amount of punitive damages awarded will be judged are threefold: (1) Is the sum so large as to raise a presumption that the award was the result of passion and prejudice and therefore excessive as a matter of law; (2) Does the award bear a reasonable relationship to the net assets of the defendant; and (3) Does the award bear a reasonable relationship to the compensatory damages awarded.". (Id., at p. 822, 119 Cal.Rptr. 6, 13; Cucinella v. Western Biscuit Co., 42 Cal.2d 71, 82, 265 P.2d 513; Popejoy v. Hannon, 37 Cal.2d 159, 168-169, 231 P.2d 484; Kostecky v. Henry, 113 Cal.App.3d 362, 374, 170 Cal.Rptr. True, such damages are in a sense a windfall to the plaintiff's heirs or devisees, but since these damages are not compensatory in nature, they would have constituted a windfall to the decedent as well. 10-11, 116 Cal.Rptr. Thus, defendant can be said to have been on notice that plaintiffs' investigatory work might uncover additional witnesses. ), Willful failure to disclose the identity of an expert whom the party intends to call as a witness may justify exclusion of his testimony. 341, 355-356, 257 P. 64, disapproved on other grounds in People v. Marsh, 58 Cal.2d 732, 746, 26 Cal.Rptr. Finally, Ford maintains that even if punitive damages were appropriate in this case, the amount of the award was so excessive as to require a new trial or further remittitur of the award. Exhibits Nos. "Evidence tends 'in reason' to prove a. Ford complains that since Mr. Copp was permitted to testify to the circumstances surrounding his termination, Ford was compelled to cross-examine him to show that the reason for his dismissal was unexplained absences from work and unsatisfactory work performance; that if the court had not permitted Mr. Copp to give his version of the reason for termination, Ford would have had little or no reason to examine him about his retirement and plaintiffs would not have been able to adduce rehabilitation testimony highly prejudicial to Ford. Followed to its logical conclusion, it would mean that punitive damages could never be assessed against a manufacturer of a mass produced article. 26 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. (Bardessono v. Michels, 3 Cal.3d 780, 794, 91 Cal.Rptr. 859.). 858, 532 P.2d 1226, the applicable rules of construction "permit if not require that section (3294) be interpreted so as to give dynamic expression to the fundamental precepts which it summarizes." The Legislature enacted Probate Code section 573 and amended Code of Civil Procedure section 377 as recommended by the Commission. 1616 (Exhibit No. One of the major defects which plaintiffs claimed caused the fire in the interior of the vehicle was the susceptibility of the rear wheel wells to separate from the floor pan. (Eble v. Peluso, 80 Cal.App.2d 154, 156-157, 181 P.2d 680.) F-1 (1961).) Finally, even had it been proper to instruct on the risk-benefit test, Ford's requested version of the standard was defective in two important respects. 516, 485 P.2d 1132, quoting Lynch v. Spilman, 67 Cal.2d 251, 259, 62 Cal.Rptr. (Cal.Const., art. Her passenger, Richard Grimshaw, was burned over 90 percent of his body but survived;. (2) Questions Relating To Ford's Compliance With Federal Emission Standards : Ford contends that plaintiffs' counsel was guilty of misconduct in attempting to get before the jury the fact that Ford had doctored its records to show compliance with federal emission standards, a subject which Ford says was irrelevant to the integrity of the Pinto's fuel system. Stencel Aero Engineering Corp. v. Superior Court, supra, 56 Cal.App.3d 978 987-988..., 181 P.2d 680. ) surrounding Mr. Copp 's termination were relevant to Pinto. Platform and is now read-only Car Club of America, Inc. v. Superior Court,,. Crash test data and design and development work as well as When it begins, has been... Revision of BAJI uses the expression `` conscious disregard of the plaintiff 's rights. termination were to... Cal.App.3D 978, 987-988, 128 Cal.Rptr find no misconduct of counsel or miscarriage of justice resulting from the of. 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