Ford Motor Company v. Cockrell

211 So. 2d 833, 1968 Miss. LEXIS 1281
CourtMississippi Supreme Court
DecidedMay 27, 1968
Docket44871
StatusPublished
Cited by48 cases

This text of 211 So. 2d 833 (Ford Motor Company v. Cockrell) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ford Motor Company v. Cockrell, 211 So. 2d 833, 1968 Miss. LEXIS 1281 (Mich. 1968).

Opinion

211 So.2d 833 (1968)

FORD MOTOR COMPANY
v.
Will COCKRELL.

No. 44871.

Supreme Court of Mississippi.

May 27, 1968.
Rehearing Denied July 8, 1968.

*834 Watkins & Eager, Hassell H. Whitworth, Jackson, for appellant.

Crisler, Crisler & Bowling, Francis S. Bowling, Jackson, George B. Grubbs, Mendenhall, for appellee.

ROBERTSON, Justice:

This is a strict liability in tort case against a manufacturer of automobiles and trucks and its authorized retail dealer. Will Cockrell brought suit against Ford Motor Company, and William Allen, d/b/a Mendenhall Motor Company, to recover damages for personal injuries sustained when the starter of a Ford truck, without human agency, became engaged, causing the motor to turn and the truck to move forward, and pinning the plaintiff against the rear of a parked truck, thereby severely injuring him.

The jury returned a verdict for $19,500 against Ford Motor Company only. Appellant thereupon perfected its appeal from the judgment of the Circuit Court of Simpson County based on the verdict of the jury.

On February 5, 1966, the Town of Mendenhall, Mississippi, bought a new 1966 Ford F600 chassis cab truck from Mendenhall Motor Company, the authorized Ford dealer in Mendenhall. This truck had been purchased new by the dealer from Ford Motor Company, the manufacturer. Before delivery to the purchaser, the truck had been driven to Jackson and a dump body installed thereon.

The truck was bought to haul gravel and other road-building materials and had been used exclusively for this purpose. It was used during daylight hours only and at night was parked, along with other Town of Mendenhall trucks, on a street behind the Town Hall. As was the usual custom, the ignition key was left in the parked truck.

About 6:30 a.m. on June 15, 1966, Ellis Monk, Will Cockrell, and two other town workmen gathered back of the Town Hall to pick up their trucks and begin work for the day. Monk, the driver of the new 1966 Ford truck, put a tool box in the cab of his truck from the passenger's side and closed the door. Between one and two minutes later, as Monk rejoined the group, somebody noticed smoke coming from under the hood of Monk's truck. Will Cockrell, who was closest to the truck, ran over to the front of the truck to raise the hood. Before he could raise the hood, the starter became engaged, causing the motor to turn, and the truck, which had been parked in second gear, moved forward two or three feet, pinning Cockrell against the rear of another parked truck.

Monk, the regular driver, moved the gear from second to reverse, and backed it off of Cockrell. Even though the ignition key was in the "off" position and Monk never attempted to start the truck, the motor continued to turn until the battery ran down some minutes later. The plaintiff suffered a broken right arm, injuries to his right shoulder, and several broken ribs.

*835 Mendenhall Motor Company was contacted, pulled the truck in, removed the burnt and charred wiring, and installed new wiring underneath the hood and the fender apron. The repairs totalled $32.41 and consisted of $20.46 for parts and $11.95 for labor. The testimony was that the truck had been running fine ever since.

The Mendenhall Motor Company itemized parts and labor on a "Combination Repair Order and Adjustment Claim" form furnished by Ford Motor Company. This Adjustment Claim form was sent in to the Ford Motor Company, was okayed by it on August 1, 1966, and the total claim paid by it to Mendenhall Motor Company. This form showed the Date of Sale as 2/5/66, the Date of Repair as 6/15/66, and the mileage as 5,154 miles. The truck thus was 4 months and 10 days old and had been driven a total of 5,154 miles.

Under the headings "Instructions to Mechanic No. ____" and "Describe Cause and Nature of Defect," on the Adjustment Claim form, Watts Williamson, the service manager of Mendenhall Motor Company, had written:

"Burnt wires — Replace wire loom from Dash to Engine Comp — Replace Battery to Relay Switch — Replace Starter Solenoid Switch — Repair wires — Wire Loom in Engine Comp. shorted out on fender apron causing wire Loom and Battery Cable to burn and switch to short out — causing starter to turn."

The appellant assigned as error the following:

"1. The lower Court erred in failing to grant a directed verdict and a peremptory instruction to Appellant for the reason that, as a matter of law, Appellee wholly and completely failed to make out a prima facie case of negligence against Appellant as alleged in the Declaration.
"2. The lower Court erred in failing to grant a directed verdict and a peremptory instruction to Appellant for the reason that, as a matter of law, Appellee wholly and completely failed to offer any proof, if believed, which would tend to prove that the vehicle in question was in a defective condition unreasonably dangerous to the user or consumer at the time the vehicle left the possession of Appellant.
"3. Alternatively, the lower Court erred in refusing and failing to grant Appellant a new trial for the reasons:
"(a) The jury was allowed to hear answer of witness, Edward Wallace, to hypothetical question propounded by Appellee, over the objection of Appellant, in absence of which, no evidence was available on which a verdict could have been returned against Appellant;
"(b) The verdict of the jury was against the overwhelming weight of the law and evidence."

In tracing the history of the doctrine of strict liability in tort, Chief Justice Ethridge, in State Stove Manufacturing Company v. Hodges, 189 So.2d 113 (Miss. 1966), said:

"In 1916 Judge Cardozo, in MacPherson v. Buick Motor Company, held, in a suit against the manufacturer of an automobile with a defective wheel, that the maker was liable for negligence. By placing the car on the market, it assumed a responsibility to the consumer, resting not on contract but upon the relation arising from the purchase, together with the foreseeability of harm if proper care was not used. 217 N.Y. 382, 111 N.E. 1050, L.R.A. 1916F, 696 (1916); Prosser, Torts 658-661 (3d ed. 1964).

"Prosser summarizes the effect of MacPherson in subsequent cases in this way:

"`This decision found immediate acceptance, and at the end of some forty years is universal law in the United States, with the barely possible but highly unlikely exception of Mississippi. Massachusetts, which was one of the last jurisdictions to capitulate, has said that "The MacPherson case caused the exception to swallow the *836 asserted general rule of nonliability, leaving nothing upon which that rule could operate." Some of the courts have continued to speak the language of "inherent danger," but it seems clear that this now means nothing more than that substantial harm is to be anticipated if the chattel should be defective. * * * It is certainly the prevailing view that it extends to any product whatever which, if in fact negligently made, may reasonably be expected to be capable of inflicting injury. * * *

"`The conclusion is clear that the duty extends to any one who may reasonably be expected to be in the vicinity of the chattel's probable use, and to be endangered if it is defective. * * *'

* * * * * *

"The rule which we adopt extends to any product which, if in fact negligently made, may reasonably be expected to be capable of inflicting injury.

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

Related

William Logan v. Ford Motor Company
Court of Appeals of Mississippi, 2019
Hubbard v. Delta Sanitation of Mississippi
64 So. 3d 547 (Court of Appeals of Mississippi, 2011)
McKee v. Bowers Window & Door Co.
64 So. 3d 926 (Mississippi Supreme Court, 2011)
Causey v. Sanders
998 So. 2d 393 (Mississippi Supreme Court, 2008)
Smith Ex Rel. Smith v. Clement
983 So. 2d 285 (Mississippi Supreme Court, 2008)
Fleming v. Floyd
969 So. 2d 868 (Mississippi Supreme Court, 2007)
William A. Causey, M.D. v. Reitha Sanders
Mississippi Supreme Court, 2006
Forbes v. General Motors Corp.
935 So. 2d 869 (Mississippi Supreme Court, 2006)
Bettie Smith v. Charles Clement
Mississippi Supreme Court, 2005
Elizabeth M. Fleming v. Brandy M. Thomas Floyd
Mississippi Supreme Court, 2004
Hoyt Forbes v. General Motors Corporation
Mississippi Supreme Court, 2003
Herring v. Poirrier
797 So. 2d 797 (Mississippi Supreme Court, 2000)
General Motors Corp. v. Pegues
738 So. 2d 746 (Court of Appeals of Mississippi, 1998)
Kenneth Herring v. Joseph Poirrier
Mississippi Supreme Court, 1998
Yowell v. James Harkins Builder, Inc.
645 So. 2d 1340 (Mississippi Supreme Court, 1994)
Daniels v. GNB, Inc.
629 So. 2d 595 (Mississippi Supreme Court, 1993)
Sperry-New Holland v. Prestage
617 So. 2d 248 (Mississippi Supreme Court, 1993)
Cain v. McKinnon
552 So. 2d 91 (Mississippi Supreme Court, 1989)
BFGoodrich, Inc. v. Taylor
509 So. 2d 895 (Mississippi Supreme Court, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
211 So. 2d 833, 1968 Miss. LEXIS 1281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-motor-company-v-cockrell-miss-1968.