Mr. Kennedy, who succeeded Mr. Copp as the engineer in charge of Ford's crash testing program, admitted that the test results had been forwarded up the chain of command to his superiors. During the development of the Pinto, prototypes were built and tested. 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. 319, hg. A design cost savings $10.9 million (1974-1975) can be realized by this delay. 19 The Grays also purport to appeal from an order denying their motion for leave to amend their complaint to seek punitive damages. (Rangel v. Graybar Electric Co., supra, 70 Cal.App.3d 943, 950, 139 Cal.Rptr. Grief Support. There might be legatees under a will, or heirs other than the one suing, or creditors of the decedent entitled to money in payment of their claims, none of whom would be affected by the judgment. 693, 598 P.2d 854.). The instruction on malice as given by the court was former BAJI 14.71 with a one-word modification. 14 A quantitative formula whereby the amount of punitive damages can be determined in a given case with mathematical certainty is manifestly impossible as well as undesirable. This list is arranged alphabetically by surname: The court is not required to give such limiting instructions sua sponte. 300, 376 P.2d 300.) A party has the right to have the jury instructed on his theory of the case but does not have the right to require his phraseology; the court may modify an instruction or give an instruction of its own in lieu of the one offered provided it correctly instructs the jury on the issue. 693, 598 P.2d 854; Schroeder v. Auto Driveaway Co., supra, 11 Cal.3d 908, 922, 114 Cal.Rptr. Gas & Elec. 125 but to the use which Grimshaw's counsel made of it in his argument to the jury. Under the statute, the claim survives if decedent had a cause of action under Probate Code section 573 at the time of death. A member of U.A.W. In 1978, I had the honor to represent victim Richard Grimshaw in his negligence and injury case against Ford. 148, 582 P.2d 604, quoting Newland v. Board of Governors, 19 Cal.3d 705, 711, 139 Cal.Rptr. See People v. Superior Court (Olson), 96 Cal.App.3d 181, 191, 196, 157 Cal.Rptr. Following a six-month jury trial, verdicts were returned in favor of plaintiffs against Ford Motor Company. Ford assigns a number of other remarks by Grimshaw's counsel as misstatements of the evidence or exaggerations or mischaracterization of testimony. 3 Plaintiffs settled with the other defendants before and during trial; the case went to verdict only against Ford Motor Company. 1616, as Ford conceded, resulted in a puncture of the fuel tank from the exposed bolt heads on the differential housing. When you click on a listing you will enter the loved one's online memorial. Ins. 241; Kelley v. Bailey, 189 Cal.App.2d 728, 738, 11 Cal.Rptr. I hope that will be the legacy of the Ford Pinto. 568, 496 P.2d 480.). Search Archived Obituaries: Richard Grimshaw Wood Funeral Time: Saturday, November 27th at 2:30PM WOOD, Richard Grimshaw, Cdr. "Since these original assumptions, seven vehicle crash tests have been run which now indicate fuel tank relocation is probably not required. 341, 355-356, 257 P. 64, disapproved on other grounds in People v. Marsh, 58 Cal.2d 732, 746, 26 Cal.Rptr. He exercised firm and fair control over the conduct of the trial, made prompt evenhanded rulings on objections, admonished counsel when necessary, and constantly reminded the jury that what counsel said was not evidence. Accueil Uncategorized sunderland echo obituaries. (Id., at p. (Titus v. Bethlehem Steel Corp., 91 Cal.App.3d 372, 154 Cal.Rptr. (Larcher v. Wanless, 18 Cal.3d 646, 656-657, 135 Cal.Rptr. "(A) ll relevant evidence is admissible" except as otherwise provided by statute. 837, 491 P.2d 421; Buckley v. Chadwick, 45 Cal.2d 183, 200, 288 P.2d 12.) [119 Cal.App.3d 812] (Toole v. Richardson-Merrell Inc., supra, 251 Cal.App.2d 689, 60 Cal.Rptr. 125 recommended that "$100 million be spent"; it states that over the period 1973 to 1976 the cost estimates to meet the federal standards would be $100 million. den. Pease, Barth and Toole were strict products liability cases. (Cal. 225, 573 P.2d 443.) 482, 598 P.2d 452; Merlo v. Standard Life & Acc. The Pinto was then six months old and had been driven approximately 3,000 miles. He was born in Rochester and worked for the Syracuse Bus Co. prior to his . The right to conduct discovery "within 30 days before trial" is within the sound discretion of the trial court and in exercising its discretion the court is required to take into consideration the necessity and reasons for such discovery, the diligence or lack of diligence of the party seeking such discovery and his reasons for not having completed[119 Cal.App.3d 785] his discovery prior to 30 days before trial, whether permitting such discovery will prevent the case from going to trial on the day set or otherwise interfere with the trial calendar or result in prejudice to any party, and any other matter relevant to the request. He has undergone numerous and extensive surgeries and skin grafts and must undergo additional surgeries over the next 10 years. erath county rant and rave; springfield, mo jail inmates; essex county hospital center jobs; blanching vs non blanching erythema; star trek next generation cast salaries Ford contends that Grimshaw's counsel improperly stated, contrary to the evidence. Co., supra, 21 Cal.3d 910, 922, 148 Cal.Rptr. 657, 661; Nightingale v. Scannell, 18 Cal. 721.) 4264-4265.) Tabulation of Grimshaw Obituaries and Death Notices. 181.) No useful purpose would be served by detailing them. These engineering assumptions were developed from limited vehicle crash test data and design and development work. Share your thoughts and memories of Richard, Share your thoughts and memories with family and friends of Richard. Finally, in no instance was Mr. Copp permitted to read the reports or documents to which he referred or relate their contents in specific detail. 23 Included in Probate Code section 573 were matters formerly covered by Civil Code section 956 and Probate Code section 574. We agree with Ford, however, that to be as accurate as possible, the rule should be expressed in terms of probability [119 Cal.App.3d 817] of injury rather than possibility. First, the excluded study encompassed only a small number of collisions which resulted in Pinto fires, thus rendering the sampling open to misleading inferences. Both his parents were born in Pennsylvania. 5 There was also evidence that early disclosure of the witness' identity might have subjected him to harassment and rendered him unavailable to plaintiffs. The court stated that "the initial question to be decided in all cases in which a defendant complains of prosecutorial misconduct for the first time on appeal is whether a timely objection and admonition would have cured the harm. (49 Cal.App.3d 32, 122 Cal.Rptr. Draft No. He was a member of the Kingdom Hall of Jehovah's Witnesses. In 1978, I had the honor to represent victim Richard Grimshaw in his negligence and injury case against Ford. GRIMSHAW, Richard L Jr, January 26, 2017, Age 80 Loving Father of Laura Woelkers, Richard III (Lisa) Grimshaw and Karen (Brian) Lack. 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. We therefore decline the invitation to modify the judgment by reducing the amount of the remittitur. Accordingly, I concur in the judgments and in the opinion except as to those portions. Richard demonstrated courage and. Nor does "(t)he fact that an award may set a precedent by its size" in and of itself render it suspect; whether the award was excessive must be assessed by examining the circumstances of the particular case. 105, 426 P.2d 505.) The press release had just been issued at time of trial and was receiving wide media coverage. Rose, Klein & Marias, Byron M. Rabin, Los Angeles, and Leonard Sacks, Northridge, for plaintiffs and appellants Carmen, Cauleen and Challie Gray. 18 Ford makes a bare assertion that damages in the Grays case were "extremely high." 332, 426 P.2d 900, cert. Pressed for the source of his information, Mr. Kennedy admitted he was relying upon a Ford press release which he said was based on government statistics and field performance. [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. Ford argues that the Legislature was thinking in terms of traditional intentional torts, such as, libel, slander, assault and battery, malicious prosecution, trespass, etc., and could not have intended the statute to be applied to a products liability case arising out of a design defect in a mass produced automobile because neither strict products liability nor mass produced automobiles were known in 1872. Because this classification was the result of legislative action, it is an appropriate classification for equal protection analyses. Kalinsky v. General Dynamics Corp., --- U.S. ----, 101 S.Ct. 178, 19 L.Ed.2d 167, quoting Ballard v. United States (9th Cir. 433, 501 P.2d 1153.) 865; Celli v. Sports Car Club of America, Inc., 29 Cal.App.3d 511. (3 Cal.Law Rev.Com., supra, F-1, F-7.). Some were "mechanical prototypes" which duplicated mechanical features of the design but not its appearance while others, referred [119 Cal.App.3d 775] to as "engineering prototypes," were true duplicates of the design car. Grimshaw was critically burned over 90 percent of his body 10 years ago when the Pinto in which he was a passenger was involved in a collision near Bakersfield. In any event, Ford maintains that the punitive damage award must be reversed because of erroneous instructions and excessiveness of the award. In at least one test, spilled fuel entered the driver's compartment through gaps resulting from the separation of the seams joining the real wheel wells to the floor pan. 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. 2023 Hutcheson's Memorial Chapel & Crematory. (3) The Form Of Questions Propounded By Plaintiffs' Counsel : Ford contends that Grimshaw's counsel repeatedly asked questions containing factual assertions not supported by the record and that this constituted misconduct requiring reversal. In light of the length of the trial, the thousands of questions which were asked and the complexity of the factual issues in this case, it was inevitable that some of the questions might assume facts not then in evidence. [119 Cal.App.3d 811] (2) Constitutional Attacks On Civil Code Section 3294: Ford's contention that the statute is unconstitutional has been repeatedly rejected. (Bardessono v. Michels, supra, 3 Cal.3d 780, 784, 91 Cal.Rptr. Please provide as much information as possible. supra, pp. Despite the amendment, however, subsequent decisional law developed a theory that damages for wrongful death were recoverable only for the "pecuniary" loss suffered by the heirs. Although the Toole formulation of the rule used the expression "possible results," those words were preceded by the pejoratives "wilful," "intentional" and "reckless disregard." (Id., at p. 279, 109 Cal.Rptr. 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. (Id., at p. 430, 143 Cal.Rptr. Your search results for obituary: 350 newspaper articles contained information about obituary filtered by: Region: north west, england County: lancashire, england Date from: 1st Jan 1949 - Date to: 31st Dec 1949 2401-2402.). Where rubber bladders had been installed in the tank, crash tests into fixed barriers at 21-miles-per-hour withstood leakage from punctures in the gas tank. Find an Obituary. Vehicles with fuel tanks installed above rather than behind the rear axle passed the fuel system integrity test at 31-miles-per-hour fixed barrier. Mr. Robinson, one of the attorneys for plaintiffs, stated that if Ford's motion were to be granted, plaintiffs would as a matter of fairness seek the names of witnesses and experts acquired by Ford after the last exchange of information and depose such witnesses, all of which would result in undue delay of the trial. on other grounds, 329 U.S. 187, 67 S.Ct. 711, 521 P.2d 1103; Donnelly v. Southern Pacific Co., 18 Cal.2d 863, 869-870, 118 P.2d 465; Nolin v. National Convenience Stores, Inc., 95 Cal.App.3d 279, 285-286, 157 Cal.Rptr. ", 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." A funeral service with full Military Honors will take place Saturday, November 27, 2021 at 2:30 pm, at Kerr Brothers Funeral Home, 3421 Harrodsburg Rd., Lexington, KY. Visitation will be 12:30pm to 2:30pm at the funeral home. But as we look to the past through rose-tinted glasses, its important that we dont let them obscure the truth. 12, 118 Cal.Rptr. carlsbad police scanner live 15, ante.) Here is Richard Grimshaw Sr.'s obituary. 45, 507 P.2d 653; Cope v. Davison, 30 Cal.2d 193, 203, 180 P.2d 873.) As to the first alleged violation, the record is not entirely clear concerning the intended scope of the initial in limine order. Ford argues that to instruct the jury so that they might find "malice" if any such "possibility" existed was erroneous; it maintains that an instruction on "malice" in products liability must contain the phrase "conscious disregard of (the probability/a high probability) of injury to others," in order to preclude prejudicial error. Ins. With respect to a corporate employer, the advance knowledge, ratification, or act of oppression, fraud, or malice must be on the part of an officer, director, or managing agent of the corporation. 4264-4265.) The present case comes within one or both of the categories described in subdivisions (c) and (d). The anomaly of a wrongdoer being subject to punitive damages if he causes injury but not if he causes death was substantially ameliorated by the 1961 legislation providing for survival of punitive damage claims. 1 The jury actually awarded Grimshaw $2,841,000 compensatory damages and $125 million punitive damages and the Grays $659,680 compensatory damages. 389, 582 P.2d 980; Rosener v. Sears, Roebuck & Co., supra, 110 Cal.App.3d 740, 752-754, 168 Cal.Rptr. It was then the preferred practice in Europe and Japan to locate the gas tank over the rear axle in subcompacts because a small vehicle has less "crush space" between the rear axle and the bumper than larger cars. We find no merit in the contentions. Ford contends that plaintiffs' counsel violated that order on two occasions and that the court erred in denying Ford's motion for a mistrial for those violations. The Galaxie had been traveling from 50 to 55 miles per hour but before the impact had been braked to a speed of from 28 to 37 miles per hour. Viewing the record thusly in the instant case, the conduct of Ford's management was reprehensible in the extreme. Commander Wood served his country in the U.S. Navy for 20 years, retiring in 1976. 276; Code Civ.Proc., 2019, subd. (Kostecky v. Henry, supra, 113 Cal.App.3d 362, 374, 170 Cal.Rptr. We find no statutory impediments to the application of Civil Code section 3294 to a strict products liability case based on design defect. Mrs. Gray stopped in San Bernardino for gasoline, got back onto the freeway (Interstate 15) and proceeded toward her destination at 60-65 miles per hour. Ford sought to introduce the evidence to show that proportionately the Pinto produced no greater chance of injury or death from fire than other vehicles. 482, 598 P.2d 452, cert. Ford urges that a report (Exhibit No. 1862, ch. (Chaput) Grimshaw of Allentown and the late Henry J. Grimshaw, Sr. Procedure (2d ed.) On remand, plaintiff moved to file an amended complaint naming the personal representative of the estate as the party plaintiff. (Egan v. Mutual of Omaha Ins. Sympathy Ideas. He faithfully and honorably served his country in the U.S. Navy during the Vietnam War era. 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. Copyright Currentobituary.com, Your source for online obituaries and funeral notices. Coronation Street on Ison-Britannian pisimpn jatkunut saippuasarja ja maan katsotuin televisio-ohjelma. 731. Although the award was eventually reduced to . For the reasons set out below, we conclude that the contention lacks merit. Resolution of this issue does not turn on whether heirs of the other class are entitled to seek such damages in a wrongful death action. 197; Brokopp v. Ford Motor Co., supra, 71 Cal.App.3d 841, 853-854, 139 Cal.Rptr. Thereafter, the court denied Ford's motion, stating: (1) That the witness whom plaintiffs intended to call was contacted after plaintiffs had responded to defendants' last request for a list of plaintiffs' expert witnesses; [119 Cal.App.3d 781] After plaintiffs called Mr. Copp as a witness (without objection) and during the course of his direct examination, Ford twice moved orally to depose Mr. Copp before he continued with his testimony. Exchange, supra, 21 Cal.3d 910, 928, 148 Cal.Rptr. Applying the foregoing criteria to the instant case, the punitive damage award as reduced by the trial court was well within reason. Ford's argument that its due process rights were violated because it did not have "fair warning" that its conduct would render it liable for punitive damages under Civil Code section 3294 ignores the long line of decisions in this state beginning with Donnelly v. Southern Pacific Co. (1941) supra, 18 Cal.2d 863, 869-870, 118 P.2d 465, holding that punitive damages are recoverable in a nondeliberate or unintentional tort where the defendant's conduct constitutes a conscious disregard of the probability of injury to others. Initially, Barker does not mandate a jury instruction on both prongs of the tests in a design defect case. 321, 446 P.2d 129; Laird v. T. W. Mather, Inc., 51 Cal.2d 210, 219, 331 P.2d 617; Hope v. Arrowhead & Puritas Waters, Inc., 174 Cal.App.2d 222, 230, 344 P.2d 428.) Article 4, section 16, subdivision (a), of the California Constitution provides: "(a) All laws of a general nature have uniform operation.". We will respond within twenty-four hours. (19 Cal.3d at p. 586, 139 Cal.Rptr. [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. Atchison T. & S.F. This field is for validation purposes and should be left unchanged. 20 Lange v. Schoettler, supra, 115 Cal. "An attorney is permitted to argue all reasonable inferences from the evidence, " (Brokopp v. Ford Motor Co, supra, 71 Cal.App.3d 841, 860-861, 139 Cal.Rptr. Procedure (2d ed.) Grimshaw and the heirs of Mrs. Gray (Grays) sued Ford Motor Company and others. Oct 27, 1929 - Apr 17, 2011. 888.) This means you can view content but cannot create content. Our Supreme Court's pronouncement in. More importantly, having failed to object below, it was incumbent upon Ford to demonstrate that the claimed improprieties were such that a prompt objection and admonition to the jury would not have corrected the error. Clinton E. Grimshaw was born on 29 April 1883 to Richard and Nancy (Rickett) Grimshaw (see companion webpage) in Scioto County Ohio. Plaintiffs' counsel thereupon asked the witness whether he acknowledged that the following statement appeared in a governmental report: "On each occasion the Ford Pinto gas tank buckled and gas spewed forth. Ford contends that the court should have barred Mr. Copp from testifying because of plaintiffs' failure to disclose his identity during pretrial discovery or, at the very least, that the court abused its discretion in denying Ford's motion to depose him before he testified. Procedure (2d ed.) 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. 184, 529 P.2d 608; Leming v. Oilfields Trucking Co., supra, 44 Cal.2d 343, 355-356, 282 P.2d 23; Crane v. Smith, 23 Cal.2d 288, 302, 144 P.2d 356.) (People v. Warner, 270 Cal.App.2d 900, 907, 76 Cal.Rptr. Sign the Guest Book. The report recommended, inter alia, deferral from 1974 to 1976 of the adoption of "flak suits" or "bladders" in all Ford cars, including the Pinto, in order to realize a savings of $20.9 million. The able trial judge in the instant case did not permit the trial to degenerate into a free-for-all. Besides Grimshaw's case, there had been many other deaths caused by this vehicle. 54.) BAJI 14.71 then read in pertinent part: " 'Malice' means a motive and willingness to vex, harass, annoy or injure another person. This is the old version of the H2O platform and is now read-only. 13, 118 Cal.Rptr. All fields are required , Please provide as much information as possible. Add a Memory. 470.) 786, 520 P.2d 10.) Trial, 49, p. 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. 337.) 330, 3, p. On defendants' appeal, the judgment was reversed on the ground the action had not been prosecuted by the real party in interest, i. e., by the personal representative of the estate of the deceased. (Chaput). 387, 66 L.Ed.2d 237.) 482, 598 P.2d 452; Neal v. Farmers Ins. WORCESTER - Richard R. Grimshaw, 60, of 1350 Main Street died Thursday, January 30 in St. Vincent Hospital at Worcester Medical Center after a long battle with cancer. [119 Cal.App.3d 777] Harley Copp, a former Ford engineer and 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. The feasibility study was conducted under the supervision of Mr. Robert Alexander, Vice President of Car Engineering. Tests conducted by Ford on other vehicles, including modified or reinforced mechanical Pinto prototypes, proved safe at speeds at which the Pinto failed. Mrs. Gray died a few days later of congestive heart failure as a result of the burns. We naturally romanticize the nostalgia of our first car and our first taste of freedom. It was later learned that the stalling and excessive fuel consumption were caused by a heavy carburetor float. An award which is so small that it can be simply written off as a part of the cost of doing business would have no deterrent effect. (Evid.Code 721; Dillenbeck v. City of Los Angeles, 69 Cal.2d 472, 482, 72 Cal.Rptr. 10-11, 116 Cal.Rptr. 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. Since we find no error in the court's initial ruling and since Ford has not advanced any independent reason why the rehabilitating evidence should have been excluded, Ford's complaint concerning the prejudicial nature of that evidence must be rejected. (Neal v. Farmers Ins. 398, where the court refused to give an instruction that a defendant against whom punitive damages are sought is entitled to the presumption of innocence. Whether the probative value of the evidence was outweighed by the danger of undue prejudice was a matter for the trial judge. Survivors: In addition to his mother; sons, Ian M. Grimshaw (Sara) of Charleston, SC, Justin M. Grimshaw (Julia) of Center Valley; siblings, Henry Bud Grimshaw, Jr. (Donna) of Salisbury Township, Judy Grimes (Michael) of Florida, Donna Pfneisel (Frank) of Center Valley, Carol Hamory (Henry) of Salisbury Township, Pam Lewis of Northampton; grandchildren, Justin Jr., Evelyn; mother of his children, Rose Grimshaw. This is the old version of the H2O platform and is now read-only. Oct. 1979) 8.22, p. Ushering the ferociously cynical Dan Mazer (responsible for the Borat and Bruno screenplays) into the cozily smug stable of U.K. rom-com standard-bearer Working Title (home to Richard Curtis and Hugh Grant) was bound to result in a union as knotty as that of the films incompatible newlywed protagonists. 873. ) design cost savings $ 10.9 million ( 1974-1975 ) can be realized by this delay ( ). His negligence and injury case against Ford Motor Company, Cdr of erroneous instructions and of... 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