Griffith v. Chevrolet Motor Division of General Motors Corp.

125 S.E.2d 525, 105 Ga. App. 588, 1962 Ga. App. LEXIS 987
CourtCourt of Appeals of Georgia
DecidedMarch 5, 1962
Docket39244
StatusPublished
Cited by21 cases

This text of 125 S.E.2d 525 (Griffith v. Chevrolet Motor Division of General Motors Corp.) 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
Griffith v. Chevrolet Motor Division of General Motors Corp., 125 S.E.2d 525, 105 Ga. App. 588, 1962 Ga. App. LEXIS 987 (Ga. Ct. App. 1962).

Opinions

Eberhardt, Judge.

The first question presented in this case is as to the liability of Chevrolet, the manufacturer. Plaintiff alleged that the defect in the steering mechanism existed at the time the truck was manufactured and could have been discovered by a reasonable inspection. '

As we view it, this case is controlled by Washburn Storage Co, v. General Motors Corp., 90 Ga. App. 380 (3) (83 SE2d 26), where it was held: “A manufacturer who sells an article knowing that it is likely to be resold or used by other people than the buyer will be held liable for an injury to a stranger caused by a defect which might be discovered by reasonable inspections by the manufacturer.” This, of course, is the rule laid down by Justice Cardozo in MacPherson v. Buick Motor Co., 217 NY 382 (111 NE 1050, LRA 1916F 696, AC 1916C 440) which has been approved in a number of Georgia cases. E.g., Simmons Co. v. Hardin, 75 Ga. App. 420, 426 (43 SE2d 553); Moody v. Martin Motor Co., 76 Ga. App. 456, 461 (46 SE2d 197); Chrysler Corp. v. Rogers, 92 Ga. App. 109, 112 (88 SE2d 318). See, Restatement, Torts § 395 ; 7 Blashfield, Cyclo[591]*591pedia of Automobile Law & Practice § 4812 (1950, Supp. 1961); Hilkey, Actions for Wrongful Death in Georgia (Pt. 5), 22 Ga. B. J. 325, 337 (n. 62) (1960); Annot., 78 ALR 2d 460, § 3.

Chevrolet raises certain contentions about privity of contract and the lack thereof in this factual situation. Such has been done in negligence actions, we suppose, as long as they have been litigated; but less and less effectively with the passage of time. “In 1842 Lord Abinger foresaw ‘the most absurd and outrageous consequences, to which I can see no limit,’ if it should ever be held that the defendant who made a contract with A would be liable to B for his failure to perform that contract properly. What happened in the next century was enough to make the learned jurist turn in his grave. The courts began by the usual process of developing exceptions to the ‘general rule’ of nonliability to persons not in privity. The most important of these was that the seller of a chattel owed to anyone who might be expected to use it a duty of reasonable care to make it safe, provided that the chattel was ‘inherently’ or ‘imminently’ dangerous. In 1916 there came the phenomenon of the improvident Scot who squandered his gold upon a Buick, and so left his name forever imprinted upon the law of products liability. Cardozo, wielding a mighty axe, burst over the ramparts, and buried the general rule under the exception.” Prosser, Strict Liability to the Consumer, 69 Yale L. J. 1099-1100 (1960).

The necessity for privity has long been dispensed with in Georgia where the article is “inherently dangerous.” Blood Balm Co. v. Cooper, 83 Ga. 457 (10 SE 118, 5 LRA 612, 20 ASR 324). Articles1 which may be classed as “imminently dangerous,” i.e., dangerous if imperfectly made, are also excepted from the privity requirement under the rule of MacPherson. See Simmons Co. v. Hardin, 75 Ga. App. 420, supra, dealing with a defectively manufactured sofa bed. It would appear that, given the requisite negligence on the part of the manufacturer, the privity requirement is without vitality in Georgia. See Annot. 74 ALR 2d 1192, § 23. But a consideration of the viability of the privity rule is unnecessary here since the factual situation places the case clearly within the rule of Simmons and Washburn.

[592]*592Even if it be said that Nalley had actual knowledge of the defect after the purchaser first complained to it that he was having trouble with his steering mechanism and brakes, which might have the effect of changing the latent defect to a patent one and thus insulate the manufacturer from liability (Elrod v. King, 105 Ga. App. 46, 123 SE2d 441; Harley v. General Motors Corp., 97 Ga. App. 348, 103 SE2d 191), yet, it appears here that Chevrolet obtained the same knowledge of the defect when complaint was made to Muell, its agent, and that he then assumed the obligation to have Nalley correct it.

It should be observed that since plaintiff was neither a “purchaser” nor an “ultimate consumer” he can not rely upon any implied warranty of the manufacturer under the provisions of the act of 1957 (Ga. L. 1957, p. 405; Code Ann. § 96-307). See Revlon, Inc. v. Murdock, 103 Ga. App. 842 (120 SE2d 912).

But the question of whether there was an imperfection in the manufacture ■ of the truck, of the ■ purchaser’s want of ordinary care in the driving of the truck, if any, under the facts here (Cf. Cruse v. Taylor, 89 Ga. App. 611 (3), 80 SE2d 704), and of the proximate cause of the collision are for the jury. It was error, therefore, to sustain Chevrolet’s general demurrer.

The liability of Nalley as selling dealer or vendor of the chattel made by Chevrolet is also controlled by Washburn Storage Co. v. General Motors Corp., 90 Ga. App. 380, supra, where the second headnote is: “A dealer may assume that the manufacturer of an article not dangerous per se has performed a required duty in properly constructing the article and in not placing upon the market an article which is defective and likely to inflict injury.” In the opinion, it is indicated that a dealer is not relieved of all duty of inspection under all circumstances. Accord: Restatement, Torts, § 402 (1948 Rev.). But see, 2 Harper & James, Torts, '§ 28.29 at p. 1597 (n. 7) (1956).

An automobile has been held not “dangerous per se” or “inherently dangerous” almost since its first appearance in Georgia. Fielder v. Davison, 139 Ga. 509 (1) (77 SE 618) (1913); Lewis v. Amorous, 3 Ga. App. 50, 54 (59 SE 338) (1907). Therefore, under the facts alleged here, the rule of Washburn quoted above applies and there is no liability on Nalley’s part merely as dealer or vendor.

[593]*593A more difficult question is presented by plaintiff’s other allegations as to purchaser’s relationship with Nalley. The petition construed as a whole indicates that Nalley had agreed to repair purchaser’s truck, giving rise to an employer-independent contractor relationship in which Nalley was a repairman.

One allegation relative to repair is that, after purchaser’s initial complaint, Nalley’s . . agent stated to [purchaser] that there was nothing wrong with the steering gear . . . and front wheels on said truck, that is [sic] was only natural for the steering gear to vibrate on new trucks.” Another allegation was that “The vibration of the steering gear and front wheels of said truck continued and . . . for nine or ten times thereafter . . . [purchaser] caused said truck to be returned to [Nalley], leaving it there after reporting to and requesting [Nalley’s] agent to have same repaired, but nothing, except the relining of said brakes and installation of said drum, was ever done about it and the vibration of said steering gear and front wheels became more noticeable with each passing day . . .” until the date of the collision. A third allegation was that on one occasion Nalley’s service manager “instructed a mechanic employee of Nalley Chevrolet, Inc. to take said truck out upon .the roadway and to determine the trouble and said mechanic employee took the truck out upon the expressway and upon returning to Nalley Chevrolet, Inc. with said truck informed [purchaser] that there was no danger and that he could continue to drive the truck.”

The negligence alleged against Nalley is as follows:

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Griffith v. Chevrolet Motor Division of General Motors Corp.
125 S.E.2d 525 (Court of Appeals of Georgia, 1962)

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125 S.E.2d 525, 105 Ga. App. 588, 1962 Ga. App. LEXIS 987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffith-v-chevrolet-motor-division-of-general-motors-corp-gactapp-1962.