Kleve v. General Motors Corporation

210 N.W.2d 568, 1973 Iowa Sup. LEXIS 1112
CourtSupreme Court of Iowa
DecidedSeptember 19, 1973
Docket55747
StatusPublished
Cited by40 cases

This text of 210 N.W.2d 568 (Kleve v. General Motors Corporation) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kleve v. General Motors Corporation, 210 N.W.2d 568, 1973 Iowa Sup. LEXIS 1112 (iowa 1973).

Opinions

RAWLINGS, Justice.

By products liability action plaintiff seeks recovery of damages from defend[570]*570ants resulting from a single car accident allegedly due to a defective steering mechanism. Plaintiff appeals from directed verdict for defendants. We reverse.

In January 1965, plaintiff Jean M. Kleve (Kleve) purchased a new Pontiac from defendant Harvey Ben Bjornson, doing business as Bjornson’s Pontiac Company (Bjornson). This automobile had been manufactured by defendant General Motors Corporation (General Motors). March 1, 1967, Kleve left Livermore and headed west toward Humboldt. At a midway point Kleve endeavored to turn his car to the right but something stuck which made the turn impossible. In an attempt to free the steering wheel he tried turning left sharply and then jerking to the right. Kleve was able to turn left but couldn’t bring it back because the mechanism had locked. The car resultantly went into a ditch and finally struck some trees. Kleve was injured and the car wrecked.

The record before us reveals that at time of the accident the Pontiac had been driven about 24,000 to 26,000 miles. After purchase by plaintiff the power steering assembly on the vehicle had not been examined, repaired or modified by anyone.

Kleve identified exhibits H-T as power steering valves and controls removed from his wrecked car. These had been previously delivered by him to Robert Han-kins for purpose of examination. Plaintiff stated the aforesaid exhibits had at one time been sent to Dr. Wardle at Ames for inspection, but on delivery to Hankins they were in the same condition as when removed from the Pontiac.

Hankins, for 33 years a vehicle mechanic, testified as an expert on Kleve’s behalf. Upon completion of his testimony trial court sustained defendants’ objections to plaintiff’s evidential offer of exhibits H-T.

Subsequently, after plaintiff had rested, trial court also sustained a defense motion to strike all of Hankins’ testimony.

Thereafter a directed verdict for defendants was entered pursuant to their motion.

In support of a reversal plaintiff asserts, trial court erred in (1) striking all of Han-kins’ testimony; (2) holding plaintiff failed to establish existence of any steering mechanism defect was the proximate cause of the accident and resulting damage; (3) holding applicability of the strict liability doctrine had not been established; and (4) sustaining defendants’ directed verdict motion.

I. In Hawkeye-Security Insurance Co. v. Ford Motor Co., 174 N.W.2d 672, 684 (Iowa 1970), this court specifically adopted the principles found in Restatement, Second, Torts, § 402A, which provides:

“Special Liability of Seller of Product for Physical Harm to User or Consumer
“(1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if
“(a) the seller is engaged in the business of selling such a product, and
“(b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.
“(2) The rule stated in Subsection (1) applies although
“(a) the seller has exercised all possible care in the preparation and sale of his product, and
“(b) the user or consumer has not bought the product from or entered into any contractual relation with the seller.”

See also Annot., 13 A.L.R.3d 1057, 1066-1070.

II. Elements essential to establishment of a cause of action under the foregoing standard are (1) sale of a product by the defendant; (2) the product was in a defective condition; (3) the defective condition was unreasonably dangerous to the user or consumer; (4) the seller was en[571]*571gaged in the business of selling such a product or products; (S) said product was expected to and did reach the user or consumer without substantial change in condition, i. e., the defect existed at time of sale; (6) said defect was the proximate cause of personal injuries or property damage suffered by the user or consumer; (7) damages suffered by the user or consumer. See W. Carmichael, “Strict Liability in Tort — An Explosion in Products Liability Law”, 20 Drake L.Rev. 528 (1971). See also Practice Pointers, 13 A.L.R.3d 1057, 1066-1070, citing Emroch, Pleading and Proof in a Strict Products Liability Case, Insurance L.J. 581 (1966).

III. It is further understood the rule of strict liability in tort applies to a retailer as well as the manufacturer of a defective product. See Vandermark v. Ford Motor Company, 61 Cal.2d 256, 37 Cal.Rptr. 896, 391 P.2d 168, 171-172 (1964); 63 Am.Jur.2d, Products Liability, §§ 145-148; 86 C.J.S. Torts § 18.1 (Supp. 1972).

IV. Additionally, the phrase “defective condition unreasonably dangerous to the user or consumer or to his property” found in Restatement, Second, Torts, § 402A means the defect in a product not contemplated by the user or consumer which would be unreasonably dangerous to him in the normal and innocent use or consumption thereof. See Restatement, Second, Torts, § 402A, comment (h); Farr v. Armstrong Rubber Company, 288 Minn. 83, 179 N.W.2d 64, 68-69 (1970); 20 Drake L.Rev. at 541-543. See also Annot., 13 A. L.R.3d 1057, 1077-1080.

Touching on the same subject 63 Am. Jur.2d, Products Liability, § 15, states in part:

“It has been held that proof that when it was put to normal use a product broke, causing injury, evidences the defectiveness of the material from which the product was manufactured. Similarly, it has been said that proof of a specific defect in the product is not an essential element in establishing a cause of action, and that where machinery • malfunctions, it obviously lacks fitness, regardless of the cause of the malfunction.”

See also Hunter v. Ford Motor Company, 37 A.D.2d 335, 325 N.Y.S.2d 469, 471 (1971).

It is further understood that under the strict liability in tort doctrine the party placing a defective product in the stream of commerce may be liable regardless of care exercised in the production thereof. Stated otherwise, strict liability in tort is not predicated on negligence. See Restatement, Second, Torts, § 402A, comment (m); Ritter v. Narragansett Electric Company, 109 R.I. 176, 283 A.2d 255, 260-263 (1971); Annot., 13 A.L.R.3d 1057, 1071-1077.

V. Without question the burden was upon plaintiff to prove the Pontiac was defective when it left the seller’s hands. Proof of such defect need not, however, necessarily rest upon direct evidence. It can be and is usually established by circumstantial evidence. See Vandermark v. Ford Motor Company, 37 Cal.Rptr. at 898, 391 P.2d at 170; MacDougall v. Ford Motor Company, 214 Pa.Super. 384, 257 A.2d 676, 680 (1969); Barnett v. Ford Motor Co., 463 S.W.2d 33, 35 (Tex.Civ.App.—Waco 1970, no writ), 20 Drake L. Rev. at 544. See also Hunter v. Ford Motor Company, supra; Annot., 13 A.L.R.3d 1057, 1066.

Proximate cause may also be established in like manner.

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