Greer v. General Motors Corporation

293 So. 2d 228, 1974 La. App. LEXIS 4631
CourtLouisiana Court of Appeal
DecidedApril 17, 1974
Docket4448
StatusPublished
Cited by2 cases

This text of 293 So. 2d 228 (Greer v. General Motors Corporation) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greer v. General Motors Corporation, 293 So. 2d 228, 1974 La. App. LEXIS 4631 (La. Ct. App. 1974).

Opinion

293 So.2d 228 (1974)

W. C. GREER and John W. Greer, Plaintiffs-Appellants,
v.
GENERAL MOTORS CORPORATION et al., Defendants-Appellees.

No. 4448.

Court of Appeal of Louisiana, Third Circuit.

April 17, 1974.

*229 John P. Godfrey, Many, for plaintiff-appellant.

Lunn, Irion, Switzer, Johnson & Salley, by Richard H. Switzer, Blanchard, Walker, O'Quin & Roberts, by Neilson S. Jacobs, Shreveport, James L. Davis, Many, Sam J. Friedman, Natchitoches, Cook, Clark, Egan, Yancey & King, Benjamin C. King, Shreveport, for defendants-appellees.

Before HOOD, CULPEPPER and MILLER, JJ.

HOOD, Judge.

W. C. Greer and his son, John W. Greer, instituted this suit for damages allegedly sustained by them as a result of an accident which occurred while John W. Greer was driving a pickup truck owned by his father. The defendants are: (1) Lowrey Chevrolet, Inc., of Many, Louisiana, and its insurer, Travelers Indemnity Company; (2) Bill Lowrey Chevrolet, Inc., of Natchitoches, Louisiana; (3) General Motors Corporation and its insurer, Royal Indemnity Company. By third party petitions, Wiley T. Davis and Employers Commercial Union Insurance Company were made third party defendants.

Lowrey Chevrolet and its insurer, Travelers, filed a motion for a summary judgment, praying that the suit be dismissed as to them. After a hearing, the trial court rendered a summary judgment dismissing the suit as to those defendants, and plaintiffs appealed from that judgment. The case is before us on that appeal.

The sole issue presented is whether, under the undisputed facts, Lowrey Chevrolet was guilty of actionable negligence in failing to notify Bill Lowrey Chevrolet, Inc., of the fact that a part on the pickup truck was defective, and that that particular vehicle was the subject of a recall campaign.

The pertinent facts are not in dispute. The accident occurred at about 9:00 P. M. on June 6, 1970, while John W. Greer was driving his father's Chevrolet pickup truck on a state highway in Natchitoches Parish. The truck was traveling at a speed of about 60 miles per hour as it approached a curve in the highway. The driver decelerated as he negotiated the curve, and he began accelerating again as he came out of it. When the speed of the vehicle increased to about 60 miles per hour, Greer took his foot off the accelerator but the truck nevertheless continued to accelerate, and the driver thereupon lost control of it. The vehicle ran off the road, striking several trees and causing young Greer to sustain severe injuries.

The 1969 Chevrolet pickup truck involved in the accident had been manufactured by General Motors Corporation. General Motors sold the truck to Lowrey Chevrolet on February 16, 1969. Lowrey Chevrolet sold or transferred it to Bill Lowrey Chevrolet, Inc. (sometimes referred *230 to as "Bill Lowrey"), on March 12, 1969. Bill Lowrey sold the truck to Wiley T. Davis on March 13, 1969, and Davis sold it to plaintiff, W. C. Greer, on November 24, 1969.

The pickup truck was equipped with a four barrel Quadra-jet carburetor and a device called a "fast idle cam." Plaintiffs allege that the fast idle cam was defective, that they were unaware of that defect, that the defective part broke immediately prior to the time the accident occurred, and that the breaking or failure of that defective cam caused the accident. They allege that Lowrey Chevrolet was negligent in two respects: (1) In having failed to notify General Motors of the transfer of the vehicle to Bill Lowrey; and (2) in having failed to notify Bill Lowrey that the particular vehicle involved in the accident was subject to a recall campaign involving the fast idle cam. On this appeal plaintiffs argue only the second allegation of negligence, that is, that Lowrey Chevrolet was negligent in having failed to notify Bill Lowrey that this particular pickup truck was subject to the recall campaign.

On February 25, 1969, Chevrolet Motor Division of General Motors sent a telegram to all of its dealers, including Lowrey Chevrolet and Bill Lowrey, informing them that a group of 1968 and 1969 Chevrolet vehicles would require replacement of the "fast idle cam" on vehicles equipped with Quadra-jet carburetors, and explaining that after the carburetor had been operated for an extended period the fast idle cam might break apart, and that if that occurred it could fall into the throttle linkage and cause the carburetor throttle to stick in a partially open position. It was announced in that telegram that General Motors would begin notifying 4.9 million owners of G. M. cars and trucks to return them to G. M. dealers for corrective action. The telegram also stated "Since the same cams were used on 1969 models, owners of ... 1969 cars with quadra-jet carburetors will be asked to return them so the cam can be replaced."

On March 3, 1969, the Chevrolet Motor Division issued a "Campaign Bulletin" to all Chevrolet dealers, including Lowrey Chevrolet and Bill Lowrey, stating that "all 1969 Chevrolet passenger cars and trucks equipped as outlined above (with the Quadra-jet four barrel carburetor) and built prior to the following serial numbers are involved." Following that statement the bulletin listed some serial numbers of various kinds of cars and trucks, and it included the serial number S-854769 for trucks. The serial number of the pickup truck involved here was S-853740, that being a lower number than the one listed in the bulletin. The lower serial number showed that the truck involved in this suit was built prior to the one bearing the serial number listed in the bulletin, and that it thus was subject to the recall campaign. Lowrey Chevrolet and Bill Lowrey received that bulletin before the truck was sold or transferred to Bill Lowrey on March 12. By reference to that bulletin and to their invoices or sales slips, both Lowrey Chevrolet and Bill Lowrey could have determined that the truck contained a defective part and was subject to the recall campaign. Bill Lowrey had that information at the time it acquired the truck and at the time it sold that vehicle to Davis.

The Campaign Bulletin issued on March 3, 1969, contained the following statement:

"Vehicles involved in this campaign will be identified by serial number listings furnished to the invoiced dealer as soon as they are available. Copies of these listings will also be retained in the zone service departments. Any dealer not receiving a list can assume he has no vehicles assigned under this campaign. All computer materials will be identified by the appropriate Product Campaign code."

Pursuant to the above statement in the Campaign Bulletin, General Motors mailed to Lowrey Chevrolet on March 10, 1969, a "Campaign Card" and an "Initial Dealer Campaign List," which list identified by *231 serial number the particular truck involved in this suit as one which was subject to the recall campaign. The Initial Dealer Campaign List was dated March 5, 1969, but the evidence shows without contradiction that it was mailed to Lowrey Chevrolet on March 10 and that it was not received by Lowrey Chevrolet until after that dealer had sold the truck to Bill Lowrey. At the time that list was made up and mailed, the truck was owned by Lowrey Chevrolet and was listed on the records of General Motors as being an "in-stock" vehicle of that dealer. A "Campaign Card" was sent to Bill Lowrey on March 10, but that card was not accompanied by a list identifying that particular truck as one which was subject to the recall campaign.

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Bluebook (online)
293 So. 2d 228, 1974 La. App. LEXIS 4631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greer-v-general-motors-corporation-lactapp-1974.