Heaton v. Ford Motor Co.

435 P.2d 806, 248 Or. 467, 1967 Ore. LEXIS 437
CourtOregon Supreme Court
DecidedDecember 29, 1967
StatusPublished
Cited by121 cases

This text of 435 P.2d 806 (Heaton v. Ford Motor Co.) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heaton v. Ford Motor Co., 435 P.2d 806, 248 Or. 467, 1967 Ore. LEXIS 437 (Or. 1967).

Opinions

GOODWIN, J.

The plaintiff appeals a judgment entered after an involuntary nonsuit in a produets-liability case involving a wheel on a Ford 4-wheel-drive pickup truck. The principal question is whether the plaintiff produced sufficient evidence to support his allegation that the wheel was dangerously defective.

Plaintiff purchased the truck new in July 1963 to use for hunting and other cross-country purposes as well as for driving upon paved highways. He drove the truck some 7,000 miles without noticing anything unusual about its performance. Prior to the day of the accident the truck had rarely been off the pavement, and plaintiff swore that it had never been subjected to unusual stress of any ldnd.

On the day of the accident, however, the truck, while moving on a “black-top” highway at normal speed, hit a rock which plaintiff described as about five or six inches in diameter. The truck continued uneventfully for about 35 miles, when it left the road and tipped over.

After the accident, the rim of the wheel was found to be separated from the “spider.” Witnesses described the “spider” as the interior portion of the [470]*470wheel which is attached to the vehicle by the lug nuts. The twelve rivets connecting the rim to the spider appeared to have been sheared off. The spider, according to one witness, showed signs of having been dragged along the ground. There was also a large dent in the rim and a five-inch cut in the inner tube at a spot within the tire that was adjacent to the dent in the rim. Only three of the rivets which had held the rim on the spider were found after the accident.

The motion for a nonsuit challenges the sufficiency of the plaintiff’s proof. The plaintiff’s version of the evidence is that the wheel came apart and caused an accident after encountering a five-or-six-inch rock on a hard-surfaced road at highway speed. (There is other evidence in the case, but on the point in issue it does not help the plaintiff.)

In Wights v. Staff Jennings, 241 Or 301, 405 P2d 624 (1965), we held that a nonprivity user of a dangerously defective product could recover for injuries caused by the defect. Liability was specifically rationalized as strict liability in tort, although the breach of the seller’s duty was a breach of warranty. There, because the product was one which, if defective, was in fact ultrahazardous (involving a high degree of danger of explosion), we did not have to decide whether a lesser degree of danger, i.e., “unreasonably dangerous” as defined in Eestatement (Second) of Torts § 402A (1965), would support liability. In the case at bar, we now adopt Section 402A and hold that if the product is in fact unreasonably dangerous the haanufacturer is liable for the harms caused by such a defect. It is not necessary to prove that the product is “ultrahazardous,” nor that it was placed on the market “negligently.” It is necessary, however, to prove that it is dangerously defective.

[471]*471An article is dangerously defective when it is in a condition unreasonably dangerous to the user. Restatement (Second) of Torts § 402A. Unreasonable, in this context, means dangerous to an extent beyond that which would be contemplated by the ordinary purchaser. Restatement (Second) of Torts § 402A, comment g. Such a definition is conceptually related to the traditional warranty of merchantable quality in the law of sales.

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Bluebook (online)
435 P.2d 806, 248 Or. 467, 1967 Ore. LEXIS 437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heaton-v-ford-motor-co-or-1967.