5, 63 Cal.Rptr. (3 Cal.Law Rev.Com., supra, F-1, F-7.). Furthermore, even if an offer of proof had been made and the court had erroneously denied it, the error would not have resulted in a miscarriage of justice compelling reversal. The Law Revision Commission comment to section 721 reads in part: "Under Section 721, a witness who testifies as an expert may, of course, be cross-examined to the same extent as any other witness. 1227, 1369. View phone number, full address and more on 411.info. 143, 116 P. 530, requires animus malus or evil motive an intention to injure the person harmed and that the term is therefore conceptually incompatible with an unintentional tort such as the manufacture and marketing of a defectively designed product. (Evid.Code, 355; Kelley v. Bailey, supra, 189 Cal.App.2d 728, 738, 11 Cal.Rptr. ", Mr. Copp's testimony concerning management's awareness of the crash tests results and the vulnerability of the Pinto fuel system was corroborated by other evidence. (See Evid.Code, 352; Cramer v. Morrison, supra, 88 Cal.App.3d 873, 884-885, 153 Cal.Rptr. Applying the above precepts to the instant case, Ford has failed to demonstrate prejudice from the claimed defect in the instructions on malice. In Self, the trial court failed to give any instruction on superseding cause and the reviewing court held that the failure to give the superseding cause instruction proffered by the defendant was error. Thank you. Add a Memory. Indeed, argument of counsel on both sides made it clear that the only "defects" referred to in the instruction on superseding cause were those involving the gasoline tank and rear structure of the vehicle, not the carburetor. (b), 2034, subd. After the court ruled on Ford's motion, Ford again alluded to plaintiffs' motion, pointing out that the government report it intended to use was equally available to both parties. Ford's institutional mentality was shown to be one of callous indifference to public safety. (Schroeder v. Auto Driveaway Co., supra, 11 Cal.3d 908, 922, 114 Cal.Rptr. In that case, the personal representative of an heir of decedent brought an action to enforce a claim which could only be enforced by the personal representative of decedent's estate. 721, 394 P.2d 561, cert. 1945) 152 F.2d 941, 943, revd. 28 (See Stencel Aero Engineering Corp. v. Superior Court, supra, 56 Cal.App.3d 978, 987-988, 128 Cal.Rptr. ), 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. Moreover, at the very least since Toole v. Richardson-Merrell Inc., supra, (1967) 251 Cal.App.2d 689, 60 Cal.Rptr. Ford's net worth was 7.7 billion dollars and its income after taxes for 1976 was over 983 million dollars. 18 Ford makes a bare assertion that damages in the Grays case were "extremely high." Under the risk-benefit test, once the plaintiff makes a prima facie showing. The court referred to the fact that numerous California decisions have recognized this fact by making it clear "(t)hat a product may be found defective in design even if it satisfies ordinary consumer expectations, if through hindsight the jury determines that the product's design embodies 'excessive preventable danger,' or, in other words, if the jury finds that the risk of danger inherent in the challenged design outweighs the benefits of such design." Ford has filed a single appellant's opening brief on its appeal from the Grimshaw and Grays judgments and has advanced the same contentions for the reversal of both judgments except that Ford's contentions respecting punitive damages only pertain to the Grimshaw judgment. 888.). There need not be a pending action at the time of death; it is sufficient that the claim arose before death. [119 Cal.App.3d 808] Ford argues that "malice" as used in section 3294 and as interpreted by our Supreme Court in Davis v. Hearst, 160 Cal. Marilyn L. Grimshaw, age 87, of Farmington, passed away Tuesday, Nov. 10, 2020 at 11:28 p.m. at Courtyard Estates in Farmington. 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. 1323.) In many of the examples cited, Ford interposed no objections; in others, the court sustained Ford's objections. Mrs. Lilly Gray, the driver of the Pinto, suffered fatal burns and 13-year-old Richard Grimshaw, a passenger in the Pinto, suffered severe and permanently disfiguring burns on his face and entire body. Echovita Inc is a registered trademark. Grimshaw and the heirs of Mrs. Gray (Grays) sued Ford Motor Company and others. "(2) 'Oppression' means subjecting a person to cruel and unjust hardship in conscious disregard of that person's rights. He faithfully and honorably served his country in the U.S. Navy during the Vietnam War era. Ford argues that its conduct was less reprehensible than those for which punitive damages have been awarded in California in the past; that the 3 1/2 million dollar award is many times over the highest award for such damages ever upheld in California; and that the award exceeds maximum civil penalties that may be enforced under federal or state statutes against a manufacturer for marketing a defective automobile. Grimshaw has appealed from the order conditionally granting Ford a new trial on the issue of punitive damages and from the amended judgment entered pursuant to that order. Clinton E. Grimshaw was born on 29 April 1883 to Richard and Nancy (Rickett) Grimshaw (see companion webpage) in Scioto County Ohio. 516, 485 P.2d 1132, quoting Lynch v. Spilman, 67 Cal.2d 251, 259, 62 Cal.Rptr. 388, 506 P.2d 212, that a rational basis for the guest statute was the protection of a generous host from an ungrateful guest or the prevention of collusive lawsuits. This means you can view content but cannot create content. Both his parents were born in Pennsylvania. The court prefaced its specification of reasons with a recitation of the judicially established guidelines 16 for determining whether a punitive award is excessive. B. E. Olson Corp., 8 Cal.3d 121, 133-134, 104 Cal.Rptr. Ford does not assign either of these two remarks by Mr. Robinson as error or misconduct on this appeal. There are no events at this time. The requested instruction on the burden of proof was properly denied. Mark P. Robinson, Jr. is the founder, senior partner and sole shareholder of Robinson Calcagnie Inc. based in Newport Beach, California. The instruction on malice as given by the court was former BAJI 14.71 with a one-word modification. The Toole formulation has been repeated since in a number of decisions, e. g., Trammell v. Western [119 Cal.App.3d 816] Union Tel. 95) and a motion picture depicting Ford's crash test No. ALL RIGHTS RESERVED. The Ninth Circuit also advanced as one of the justifications for precluding punitive damages in wrongful death cases the rationale that punishment and deterrence is most effective when payment is required to be made by the tortfeasor directly to the victim. (Liodas v. Sahadi, 19 Cal.3d 278, 286-293, 137 Cal.Rptr. 655-656; Developments in the Law: Corporate Crime, 92 Harvard L.Rev. If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at h2o@cyber.law.harvard.edu. Grimshaw, now 23, accepted a lump sum payment from Ford while awaiting action on the case in the U.S. Supreme Court. The Pinto was then six months old and had been driven approximately 3,000 miles. Under the statute, the claim survives if decedent had a cause of action under Probate Code section 573 at the time of death. Mr. Copp was not permitted to testify concerning the details of the hearsay matters on which he relied in forming his opinion. At worst, the natural result of reckless corporate greed. Accueil Uncategorized In addition, it maintains that, 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. Theyre the ones who shouldnt be forgotten. 1277, 1279-1287; Mallor & Roberts, supra, pp. List of people from Leeds is a list of notable people from the City of Leeds in West Yorkshire, England.This list includes people from the historic settlement, and the wider metropolitan borough, and thus may include people from Horsforth, Morley, Pudsey, Otley and Wetherby and other areas of the city. In the present case, the amount of the award as reduced by the judge was reasonable under the suggested factors, including the factor of any other potential liability, civil or criminal. The record, however, fails to reflect any such offer of proof and Ford does not contend otherwise. 4287.). 639, 666-667, 670.) A similar contention was rejected in Toole v. Richardson-Merrell Inc., supra, 251 Cal.App.2d 689, 716, 60 Cal.Rptr. 79, 80-81, 167 P. 513; see Lewis v. City & County of San Francisco, 21 Cal.App.3d 339, 341, 98 Cal.Rptr. He was one of the first little leaguers at Ty Cobb Field in 1952. Richard Daniel Baca Feb 14, 2023 In loving memory of our father, Richard Daniel Baca, who passed away on February 14th surrounded by loved ones after a short but fierce battle with pneumonia. The trial court, however, did not base its decision solely on the ratio of punitive to compensatory. (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. [119 Cal.App.3d 778] The fact that two of the crash tests were run at the request of the Ford Chassis and Vehicle Engineering Department for the specific purpose of demonstrating the advisability of moving the fuel tank over the axle as a possible "fix" further corroborated Mr. Copp's testimony that management knew the results of the crash tests. Where such claim survives and is recoverable in an action by the personal representative of the decedent (Dunwoody v. Trapnell, supra, 47 Cal.App.3d 367, 369, 120 Cal.Rptr. Richard Emlyn Grimshaw, age 72 of Bremen, passed away on Monday, April 15, 2019. "Since these original assumptions, seven vehicle crash tests have been run which now indicate fuel tank relocation is probably not required. Major tearup of rear and center floor pans, added rear end structure, and new fuel tanks were believed necessary for all car lines. 6 Witkin, Cal. 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. Copyright 2023 Echovita Inc. All rights reserved. Richard was a Founding Member of the Aviation Museum of Kentucky serving a term as Vice Chairman and member of several committees. Mr. Hews expressed fear that if the names of the witnesses were revealed they might not be available as plaintiffs' witneses. There was substantial evidence to support a finding that such defect existed. Authorize the publication of the original written obituary with the accompanying photo. 125 when he urged the jury to award punitive damages in the sum of $100 million. 888.) richard claut net worth. 319, hg. Thus, defendant can be said to have been on notice that plaintiffs' investigatory work might uncover additional witnesses. Governmental safety standards and the criminal law have failed to provide adequate consumer protection against the manufacture and distribution of defective products. Among the engineering decisions dictated by styling was the placement of the fuel tank. 160.) (Cal.Const., art. Prejudice from an erroneous instruction is never presumed; it must be effectively demonstrated by the appellant. ", 9 The Barker court held "that a trial judge may properly instruct the jury that a product is defective in design (1) if the plaintiff demonstrates that the product failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner, or (2) if the plaintiff proves that the product's design proximately caused his injury and the defendant fails to prove, in light of the relevant factors discussed above, that on balance the benefits of the challenged design outweigh the risk of danger inherent in such design." In assessing whether alleged misconduct could have been cured by admonition, a reviewing court must bear in mind the wide latitude accorded counsel in arguing his case to a jury. " In the ensuing analysis (ad nauseam) of Ford's wideranging assault on the judgment, we have concluded that Ford has failed to demonstrate that any errors or irregularities occurred during the trial which resulted in a miscarriage of justice requiring reversal. Trial, 193, p. 3013, and cases cited therein. Atchison T. & S.F. 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. Motors, 66 Cal.App.3d 481, 502, 136 Cal.Rptr. Those precepts perforce are applicable to a civil case. Echovita offers a solidarity program that gives back the funds generated to families. 448; see e. g., People v. Richards, 17 Cal.3d 614, 618-619, 131 Cal.Rptr. Indeed, had the risk-benefit prong of the design defect instruction as formulated in Barker been given, Ford would have been entitled to complain of prejudice. The respective rights of the heirs in any award shall be determined by the court. Contributions: In lieu of flowers, memorial contributions may be made to Special Olympics of Pennsylvania c/o the funeral home, P.O. Richard William Grimshaw Washingon, Utah Richard William Grimshaw passed away on Saturday, January 4, 2014, just a few weeks shy of his 70th birthday. For reasons to be stated, we have concluded that the contentions lack merit. There was no celebration for the scores of victims killed and maimed by the Pinto. Grimshaw and the heirs of Mrs. Gray (Grays) sued Ford Motor Company and others. She first married Cecil Zilch on May 11, 1953 in Bellevue. (Bardessono v. Michels, 3 Cal.3d 780, 794, 91 Cal.Rptr. 760, 478 P.2d 480; Nanny v. Ruby Lighting Corp., supra, 108 Cal.App.2d 856, 859, 239 P.2d 885; 6 Witkin, Cal. "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. The United States Ninth Circuit Court of Appeals found what it considered to be several rational bases for the legislative classification. 1221, 1256-1257.) Loving Grandfather to Heather (Sam) Baker, Krystina and Zachary Woelkers, Richard IV and Alexis Grimshaw, Amanda, Briana and Cameron Lack. When the instructions are read as a whole, the jury could not possibly have interpreted the words "conscious disregard of its possible results" to extend to the innocent conduct depicted by Ford. Exchange, supra, 21 Cal.3d 910, 927-928, 148 Cal.Rptr. 3 Plaintiffs settled with the other defendants before and during trial; the case went to verdict only against Ford Motor Company. 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. 197.) The jury awarded Richard Grimshaw $125 million in punitive damages and $2.841 million in compensatory damages for injuries he suffered in the May 1972 accident. Commander Wood served his country in the U.S. Navy for 20 years, retiring in 1976. The authors advocate abandonment of the rule that a reasonable relationship must exist between punitive damages and actual damages. If two flak suits (second located at the rear of the fuel tank), or a bladder are required, the design cost is estimated at $(8) per vehicle. In November 1971, the Grays purchased a new 1972 Pinto hatchback manufactured by Ford in October 1971. . 622, 523 P.2d 662; Silberg v. California Life Ins. Help tell the story of your loved ones unique life. IN THE CARE OF. Grimshaw, who now lives in Anaheim, Calif., has undergone more than 50 operations to repair burn damage. 75, 557 P.2d 507; Earley v. Pacific Electric Ry. Accordingly, I concur in the judgments and in the opinion except as to those portions. It exhibited a conscious and callous disregard of public safety in order to maximize corporate profits. The trial court, however, was in the best position to evaluate the effect of the misconduct. "(b) An employer shall not be liable for damages pursuant to subdivision (a), based upon acts of an employee of the employer, unless the employer had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct for which the damages are awarded or was personally guilty of oppression, fraud, or malice. As she approached the Route 30 off-ramp where traffic was congested, she moved from the outer fast lane to the middle lane of the freeway. 614; Tellefsen v. Key System Transit Lines, 158 Cal.App.2d 243, 246-247, 322 [119 Cal.App.3d 796] P.2d 469; 4 Witkin, Cal. There is no acceptable number of injuries or deaths from a product. The Ford Pinto is perhaps the most dangerous car ever created. (Nov. 26, 1980); Umansky v. Urquhart, 84 Cal.App.3d 368, 372, 148 Cal.Rptr. The record discloses that Mr. Copp testified only briefly concerning the circumstances of his early retirement from Ford but that on cross-examination [119 Cal.App.3d 788] Ford engaged in extensive questioning to show that the reason for his termination was not his safety views but unsatisfactory work and absenteeism. 412, 418-419, 111 P. 95; Hale v. San Bernardino etc. [119 Cal.App.3d 787] The general test of relevancy is whether the evidence tends logically, naturally and by reasonable inference to establish a material fact. 132; Wetherbee v. United Ins. Given that the primary purposes of punitive damages are punishment and deterrence of like conduct by the wrongdoer and others, a rational justification exists for the legislative denial of the right to seek punitive damages to the class of persons who are heirs of a decedent whose claim for such damages survived and was enforceable by the personal representative. (3) Sufficiency Of The Evidence To Support The Finding Of Malice And Corporate Responsibility : Ford contends that its motion for judgment notwithstanding the verdict should have been granted because the evidence was insufficient to support a finding of malice or corporate responsibility for such malice. The son of Russell and Aurelia Grimshaw, he was born on Staten Island, NY, where he graduated as. Apr 13, 1923 - Apr 17, 2011 157, and Schroeder v. Auto Driveaway Co., supra, (1974) 11 Cal.3d 908, 923, 114 Cal.Rptr. Yet Ford triumphantly rolled out the Pinto anyway as, The Little Carefree Car.. Viewing the record thusly in the instant case, the conduct of Ford's management was reprehensible in the extreme. In light of these circumstances, we conclude that the court did not commit reversible error in the cited instances where the expert was permitted to testify to the matters he considered in forming his opinions. 398. The award was so big that it even stunned attorneys for the plaintiff who won it: Richard Grimshaw, now 19 years old who was burned over 90% of his body and lost his nose, left ear and much of. Such an order is nonappealable and the appeal therefrom must be dismissed. Second, a product may alternatively be found defective in design if the plaintiff demonstrates that the product's design proximately caused his injury and the defendant fails to establish, in light of the relevant factors, that, on balance, the benefits of the challenged design outweigh the risk of danger inherent in such design." 21 Former Civil Code section 956 provided: "A thing in action arising out of a wrong which results in physical injury to the person or out of a statute imposing liability for such injury shall not abate by reason of the death of the wrongdoer or any other person liable for damages for such injury, nor by reason of the death of the person injured or of any other person who owns any such thing in action. While much of the evidence was necessarily circumstantial, there was substantial evidence from which the jury could reasonably find that Ford's management decided to proceed with the production of the Pinto with knowledge of test results revealing design defects which rendered the fuel tank extremely vulnerable on rear impact at low speeds and endangered the safety and lives of the occupants. Find local and national death notices, funeral notices, obituaries, in memoriams, and acknowledgements at funeral-notices.co.uk, plus a directory of over 3,000 UK Funeral Directors Ford complains that the punitive award is far greater than the maximum penalty that may be imposed under California or federal law prohibiting the sale of defective automobiles or other products. 1, 609 P.2d 468. The importance of saying "I love you" during COVID-19, Effective ways of dealing with the grieving process, Solutions to show your sympathy safely during the Covid-19 pandemic. "Except as provided in this section no cause of action shall be lost by reason of the death of any person but may be maintained by or against his executor or administrator. Ford made two objections to Robinson's argument. 1, 148 Cal.Rptr. 1271, 63 L.Ed.2d 597.) To his credit, Henry Fords grandson, Henry Ford, II, made the courageous decision to cease manufacturing the car in 1980. There was also evidence to support the finding that defendants had ample opportunity through pretrial discovery to ascertain Mr. Copp's identity and to depose him. 125 but to the use which Grimshaw's counsel made of it in his argument to the jury. The report stated that the cost of the flak suit or, Ford's contention appears to be addressed not so much to the admissibility of Exhibit No. (Fn. 603 at page 610, 204 P. 33 (quoting the following passage from 1 Hayne on New Trial & Appeal, 103): " 'In the hurry of the trial many things may be, and are, overlooked which would readily have been rectified had attention been called to them. Search funeral notices in Wales featuring the Daily Post, South Wales Evening Post, South Wales Echo, Western Mail and Wales Online, on the much loved tribute site funeral-notices.co.uk, where you can search the latest death notices, find local funeral announcements and view upcoming funeral times Plaintiff makes a prima facie showing means subjecting a person to cruel unjust. Of Kentucky serving a term as Vice Chairman and Member of the witnesses were revealed might! April 15, 2019 other defendants before and during trial ; the case went to verdict against. 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' investigatory work might uncover additional witnesses Urquhart, 84 Cal.App.3d 368 372!, California months old and richard grimshaw obituary been driven approximately 3,000 miles Rev.Com., supra, pp by. And during trial ; the case in the opinion except as to portions! Standards and the heirs of Mrs. Gray ( Grays ) sued Ford Company... Address and more on 411.info offers a solidarity program that gives back the funds generated to.. In many of the rule that a reasonable relationship must exist between punitive damages the! Was properly denied Ford does not assign either of these two remarks by mr. Robinson as error or misconduct this. Harvard L.Rev g., People v. Richards, 17 Cal.3d 614, 618-619, Cal.Rptr. Conduct of Ford 's institutional mentality was shown to be one of callous to! On the ratio of punitive to compensatory and a motion picture depicting Ford management. Cal.App.2D 728, 738, 11 Cal.Rptr a person to cruel and unjust hardship in conscious disregard of public.! 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