Holman v. Ford Motor Company

239 So. 2d 40, 1970 Fla. App. LEXIS 5706
CourtDistrict Court of Appeal of Florida
DecidedSeptember 3, 1970
DocketL-149
StatusPublished
Cited by39 cases

This text of 239 So. 2d 40 (Holman v. Ford Motor Company) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holman v. Ford Motor Company, 239 So. 2d 40, 1970 Fla. App. LEXIS 5706 (Fla. Ct. App. 1970).

Opinion

239 So.2d 40 (1970)

Lee A. HOLMAN, Appellant,
v.
FORD MOTOR COMPANY, a Corporation, Appellee.

No. L-149.

District Court of Appeal of Florida, First District.

September 3, 1970.

*41 David R. Lewis, of Blalock, Holbrook, Lewis, Paul & Bennett, Jacksonville, for appellant.

Borden R. Hallowes, of Howell, Kirby, Montgomery & D'Aiuto, Jacksonville, for appellee.

SPECTOR, Judge.

Appellant sued for damages sustained when he rammed his 1966 Thunderbird automobile into a parked vehicle to avoid hitting pedestrian traffic after his brakes failed in downtown Jacksonville, Florida.

The action was brought against appellee and Duval Motor Company, a corporation and authorized Ford dealer. Duval continued as a defendant along with Ford until the evidence was all in and just before the case was tendered to the jury, at which time appellant took a voluntary nonsuit against Duval. The jury found appelless not guilty and this appeal followed.

Appellant's complaint against each defendant was in two counts. It charged each with liability based on negligence and breach of implied warranty. Although Duval was nonsuited, both counts remained against Ford when the case went to the jury.

Mr. Holman was president of the corporation which owned the Thunderbird in question and customarily was the sole driver of it. After the car was about a year old, he noticed that the brakes were not working well and took it to Duval, where it was purchased and had been serviced continually, to have the brakes repaired. A new power brakes booster system or unit was deemed necessary and was ordered from Ford in Detroit and ultimately installed by Duval. The booster unit is a sealed, self-contained device which is installed on the master brake cylinder on the forward side of the firewall and is linked to the brake foot pedal on one side and linked by a pistonlike rod to the master brake cylinder on the other. The booster unit provides a power assist in the operation of the car's hydraulic brake system through a vacuum system created by various moving diaphragms, valves and other parts within the booster unit itself, the initial vacuum being supplied by a hookup between the booster and engine. There was evidence introduced by Duval that the booster unit was a complete unit in itself and that its mechanics and other personnel were not allowed by Ford to tamper with or in any way repair the inner parts of such booster unit. If a booster became inoperative, it was to be replaced with a new unit. This, in fact, was the manner by which appellant's car brakes were attempted to be repaired in the instant case.

After the replacement booster unit was installed by Duval, the car was tested by *42 two of its employees and it appearing to them that the brakes were suitably fixed, appellant was called to get the car. The brake failure occurred within a few blocks and minutes after appellant took possession of the car.

It developed during the trial that both defendants recognized that appellant had suffered an injury for which at least one of said defendants was legally liable on one or more of the theories sued upon. Of course, it was Ford's theory and contention that the brake failure resulted solely from faulty installation of the booster unit by Duval's mechanics, while Duval contended that it had properly installed the booster unit and the brake failure was a direct result of a defective part in the booster unit furnished by Ford for installation in appellant's car. After the close of all evidence, appellant moved for a directed verdict on both counts against both defendants on the question of liability only and, further, that only the question of damages be tendered for consideration by the jury. Duval resisted plaintiff's said motion, arguing it was not liable on the implied warranty count by reason of this court's ruling in Smith v. Platt Motors, Inc., 137 So.2d 239, and, further, that its liability on the negligence count was a jury question in view of its evidence that the booster was correctly installed as well as evidence that there was nothing wrong with the linkage between the brake pedal and the booster and master cylinder after the brake failure had occurred. Inasmuch as we earlier entered our order dismissing Duval as an appellee, it is unnecessary to rule on the correctness of any of Duval's contentions or of any rulings involving appellant's claim against Duval.

Appellee Ford resisted plaintiff's motion for directed verdict by arguing that the question presented by the evidence was whether Ford had breached an implied warranty of fitness as to the booster or whether Duval had negligently installed the booster. Ford conceded in the record before the trial court that plaintiff was entitled to a judgment from one or the other of the two defendants and that the jury should be instructed to find one or the other of the defendants liable for the plaintiff's injuries, but not both. There then ensued a colloquy between all counsel and the court during which Ford urged that in no event could it be held liable under an implied warranty theory since the evidence showed without contradiction that the defective booster unit was manufactured by a supplier corporation rather than Ford. This contention is without merit for it ignores the holding in King v. Douglas Aircraft Co., 159 So.2d 108 (Fla.App. 1964), which recognizes that the rule in Justice Cardozo's opinion in MacPherson v. Buick Motor Co., 217 N.Y. 382, 111 N.E. 1050 (1916), has been extended in this and other jurisdictions to hold that an assembler of a product who sells the completed product as its own and thereby represents to the public that it is the manufacturer is considered the manufacturer of the component part. We think the foregoing principle is clearly applicable to the case at bar. It would seem unconscionable to us if Ford were permitted to shirk its duty to stand behind the products that it sells to the public through its dealer organization on the very shallow excuse that the defective component was manufactured by a supplier selected by it rather than by Ford itself.

Upon completion of arguments on plaintiff's motion for directed verdict, the court announced that it was directing a verdict for the plaintiff against both Ford and Duval as to the count on implied warranty and, further, that the court was letting plaintiff's claim against both Ford and Duval under the negligence count go to the jury. Thereupon plaintiff announced that he was abandoning his negligence claim so that the only thing left for the jury would be the question of damages under the directed verdict of liability under the implied warranty count. At this point in the case plaintiff apparently deemed himself victorious as to all the legal issues, and there remained only the task of presenting *43 argument on the evidence of damages so as to result in the highest possible jury verdict. To accomplish this, plaintiff settled on trial strategy that called for eliminating Duval from the jury's consideration on the question of damages and a voluntary nonsuit was announced as to that defendant, leaving only Ford as the sole party against which the jury would be instructed to find damages. Such practice is permissible in this jurisdiction. See Salcedo v. Southeastern Natural Gas Co., 171 So.2d 398 (Fla.App. 1965); Adler v. Segal, 108 So.2d 773 (Fla.App. 1959); and Hutchins v. City of Hialeah, 196 So.2d 741 (Fla. 1967).

After plaintiff nonsuited the defendant Duval, the trial court changed its order granting a directed verdict against both defendants.

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Bluebook (online)
239 So. 2d 40, 1970 Fla. App. LEXIS 5706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holman-v-ford-motor-company-fladistctapp-1970.