Ford Motor Co. v. Tippins

483 S.E.2d 121, 225 Ga. App. 128, 97 Fulton County D. Rep. 838, 1997 Ga. App. LEXIS 213
CourtCourt of Appeals of Georgia
DecidedFebruary 18, 1997
DocketA96A1753
StatusPublished
Cited by12 cases

This text of 483 S.E.2d 121 (Ford Motor Co. v. Tippins) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ford Motor Co. v. Tippins, 483 S.E.2d 121, 225 Ga. App. 128, 97 Fulton County D. Rep. 838, 1997 Ga. App. LEXIS 213 (Ga. Ct. App. 1997).

Opinions

Smith, Judge.

Phillip Morris Tippins and his wife were killed in a collision between their car and a van.1 Tippins’s sons, as joint administrators of his estate, brought this product liability action against Ford Motor Company, alleging that the failure of Tippins’s airbag to deploy contributed to his death. At trial, the jury returned a verdict in favor of the plaintiffs in the amount of $190,000. Judgment was entered in the amount of $380,000 by the trial court. Ford appeals, asserting that the trial court should have excluded certain testimony, should have directed a verdict in its favor, and should not have entered a judgment for twice the amount of the jury’s verdict. We agree with Ford’s last contention and reverse.

Construed in favor of the verdict, the evidence showed that, as Tippins was driving his Ford Taurus lawfully on a state highway, a full-sized Ford Club Wagon van driven by a man under the influence of drugs crossed the centerline and hit his car head-on. The witnesses agreed that the combined collision speed of the vehicles was between [129]*12960 and 70 mph.

There was no dispute that the collision was “very severe” and “a very bad wreck.” Not only did the vehicles meet at high speed and head-on, the larger and heavier van also rode up over the front end of Tippins’s car, doing substantial damage to the passenger compartment. The testimony of the witnesses and the photographs taken at the scene establish that there was catastrophic structural damage to Tippins’s vehicle. Emergency medical personnel cut away portions of the car with the “jaws of life,” folded back the roof, and pulled the remains of the dashboard away from the front seat with a winch attached to a four-wheel-drive truck. There was no dispute that the ■ steering column was sheared off at the dashboard by the force of the collision, completely severing the steering wheel containing the driver’s side airbag. The steering wheel was found “up under” Tip-pins’s upper body. Plaintiffs elicited testimony that the front end of the van actually entered the passenger compartment, striking Tip-pins in the head. Plaintiffs contended, however, that a properly functioning airbag would have prevented the van’s bumper from striking Tippins and killing him.

1. In its first enumeration of error, Ford complains that the trial court erred in allowing a witness for the plaintiffs, James King, to testify that the decedent could have survived the accident if the driver’s side airbag had deployed. Ford contends that King was not qualified to testify as an expert in the area of biomechanics and collision survivability and that he had an insufficient factual foundation upon which to base his opinion.

It is apparent from the record that King, a retired car dealer, auto mechanic, and body shop owner, had no training or experience in any of the medical or technical aspects of biomechanics and collision survivability. It is also apparent from the testimony and evidence that the condition of the vehicle was materially altered before King examined and photographed it, both by emergency medical personnel in their rescue efforts and by others in transporting or storing the car. Evidence was also introduced suggesting that King altered the condition of the car before the photographs were taken. But because Ford’s counsel failed to preserve Ford’s objections for appellate review, we do not reach either of these issues.

Ford’s counsel initially objected to King’s lack of qualification as well as to the lack of foundation for his opinion. Plaintiffs’ counsel stated, “I expect to lay that foundation,” to which the trial court responded, “Okay.” Plaintiffs’ counsel asked some additional questions, then asked again if Tippins would have survived if the airbag had deployed; King responded simply, “Oh yeah,” and “No doubt.” Ford’s counsel did not object again, although King was cross-examined at length on the basis for his testimony.

[130]*130Because of this failure to renew its objection or object to any portion of the witness’s testimony, Ford has failed to preserve this enumeration of error for appeal. Morris v. State, 212 Ga. App. 42, 44 (2) (441 SE2d 273) (1994). Ford also failed to move to strike King’s testimony after cross-examination. That method of preserving an issue for appellate review, however, has been disapproved by the Supreme Court of Georgia except in strictly limited circumstances. Sharpe v. Dept. ofTransp., 267 Ga. 267, 268 (476 SE2d 722) (1996).

“[TJhis court has often noted that even an otherwise valid objection is waived unless timely made at trial. [Cit.] Objections presented for the first time on appeal furnish nothing for us to review, for this is a court for correction of errors of law committed by the trial court where proper exception is taken, because one may not abandon an issue in the trial court and on appeal raise questions or issues neither raised nor ruled on by the trial court. [Cit.]” Butler v. State, 172 Ga. App. 405, 406-407 (1) (323 SE2d 628) (1984). Under these circumstances, we cannot address the issue of the qualification of plaintiffs’ witness James King or the foundation for his testimony.

2. In a related enumeration of error, Ford contends the trial court erred in failing to direct a verdict in its favor because of the absence of evidence that the collision was survivable. Despite plaintiffs’ contentions to the contrary, the testimony of James King is the only evidence that the collision was survivable. Since Ford did not object, however, King’s testimony constitutes some evidence of survivability and fulfills the “any evidence” rule applicable to motions for j.n.o.v. and directed verdict. Outdoor Systems v. Woodson, 221 Ga. App. 901, 902 (1) (473 SE2d 204) (1996). Ford’s argument that this Court has the authority to reverse a verdict as against the weight of the evidence is without merit: such a reversal is a discretionary decision resting solely with the trial court. OCGA § 5-5-21; Antique Center of Roswell v. City of Roswell, 196 Ga. App. 894 (3) (397 SE2d 146) (1990); McBowman v. Merry, 104 Ga. App. 454, 455-456 (1) (122 SE2d 136) (1961).

3. In its third enumeration of error, Ford argues that plaintiffs failed to show that its product was defective. Once again, King’s testimony is the only evidence concerning a defect in the airbag system. King was never offered or qualified as an expert witness with respect to airbag design, and he offered little if any foundation for his opinion that the airbag electronics should have been located in the rear of the vehicle to avoid damage. He simply stated that, “you’ve got some bad engineers,” “the whole [airbag] system is wrong,” and “you’re 20 years behind time.” He also testified that he did not agree with the government standards or statistics on airbags and added that if Ford’s engineers had come to his house he could have told them how to build the airbag system. Once again, Ford failed to object either to [131]*131King’s lack of qualification as an expert or to the lack of factual foundation for his opinions, and under the “any evidence” rule, this unobjected-to testimony suffices to present the case to a jury.

4. Ford also contends that the trial court should have granted its motion for a directed verdict because plaintiffs presented no evidence that the “enhanced injury” attributable to Ford’s product caused Tippins’s death.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Goldstein, Garber & Salama, LLC v. J. B.
Court of Appeals of Georgia, 2015
Anthony v. Gator Cochran Construction, Inc.
702 S.E.2d 139 (Supreme Court of Georgia, 2010)
Anthony v. Gator Cochran Construction, Inc.
682 S.E.2d 140 (Court of Appeals of Georgia, 2009)
Owens v. General Motors Corp.
613 S.E.2d 651 (Court of Appeals of Georgia, 2005)
Watts v. State
541 S.E.2d 41 (Court of Appeals of Georgia, 2000)
Witty v. McNeal Agency, Inc.
521 S.E.2d 619 (Court of Appeals of Georgia, 1999)
Metropolitan Atlanta Rapid Transit Authority v. Green International, Inc.
509 S.E.2d 674 (Court of Appeals of Georgia, 1998)
Lunceford v. Peachtree Casualty Insurance
495 S.E.2d 88 (Court of Appeals of Georgia, 1997)
Ford Motor Co. v. Tippins
483 S.E.2d 121 (Court of Appeals of Georgia, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
483 S.E.2d 121, 225 Ga. App. 128, 97 Fulton County D. Rep. 838, 1997 Ga. App. LEXIS 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-motor-co-v-tippins-gactapp-1997.