MacK v. Ford Motor Co.

669 N.E.2d 608, 283 Ill. App. 3d 52, 218 Ill. Dec. 465
CourtAppellate Court of Illinois
DecidedJune 28, 1996
Docket1-94-4231
StatusPublished
Cited by39 cases

This text of 669 N.E.2d 608 (MacK v. Ford Motor Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MacK v. Ford Motor Co., 669 N.E.2d 608, 283 Ill. App. 3d 52, 218 Ill. Dec. 465 (Ill. Ct. App. 1996).

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

Cynthia Brettschneider, one of the plaintiffs in this case, testified that when she purchased a 1987 Ford Mustang from defendant WilShore Motor Sales, Inc., Wil-Shore did not mention that the automobile was equipped with a fuel-inertia switch, nor did it advise her that the ignition could become inoperative upon a collision. Although she had read sections of the owner’s manual, she did not recall reading anything about a fuel inertia switch; she did, however, admit that it was possible that she had read the section mentioning the switch but did not remember. Before January 1991, both she and her husband, Brian Brettschneider, had never heard of the Mustang’s having a fuel inertia switch.

The owner’s manual furnished to Cynthia upon sale of the vehicle contained a section entitled "Starting and Operating Your Vehicle.” Within this section, on page 75 of the manual, appears a heading: "If Your Vehicle Cranks But Does Not Start,” and the "fuel pump shut-off switch” is then discussed as follows:

"This vehicle is also equipped with a switch located in the luggage compartment /trunk which shuts off the electric fuel pump and fuel flow to the engine in the event of a major collision. Once the switch is triggered, the white reset lever is in the up position and the electric fuel pump is shut off. To restart the vehicle the switch must be manually reset.”

Thereafter, the manual instructs the owner how to reset the switch.

On January 5, 1991, the Brettschneider family was travelling in a three-car caravan on Interstate 55. Ralph, the father, led in a rented truck; Brian followed in the 1987 Mustang; and Penny, the deceased, and her mother, Cynthia, were last in a van.

It was snowing, and as Brian switched lanes to pass a salt truck, the Mustang’s rear wheels lost traction on the slippery highway and the car began to spin counterclockwise. The van hit the rear of the Mustang as it was spinning. Cynthia testified that it "wasn’t much of’ a collision. Brian and Cynthia testified that the Mustang came to rest in the right lane; Ralph claimed that it stopped on the right shoulder. Penny stopped farther along the road on the left shoulder. Brian turned on the Mustang’s hazard lights and tried to start the engine several times, but was unable to do so.

Brian began trying to push the Mustang toward the right shoulder, but was having difficulty because it was too heavy and because he could not get enough traction on the icy road. He testified that with Penny’s help, the car was moved entirely onto the shoulder.

A Greyhound bus and a Camaro were travelling in the right lane toward the stopped Brettschneider vehicles; defendant Rhonda King was driving the Camaro, and defendant Lester Deanes was following in the bus. When Deanes saw the taillights of the three stopped vehicles, a person crossing the highway, and "flashers,” he steered the bus into the left lane. He testified that the Mustang was in the right lane, and the truck and van were partially in the left lane and partially on the left shoulder. He did not realize anything was wrong until he was between 1 and lxh blocks from the vehicles. Deanes further testified that "[a]ll of the sudden [sic],” the Camaro "slammed the brakes,” and in attempting to avoid it, Deanes drove onto the left shoulder, downshifted, but "went into a slide,” and hit it.

King testified that the first thing she noticed were hazard lights in the left lane, which she thought belonged to another vehicle travel-ling with its hazards lights on due to the weather conditions. She also saw lights flashing in the right lane ahead of her, which she thought was a car changing lanes. Todd Schmitgall, a passenger in the Camaro, placed the Mustang half in the right lane and half on the shoulder.

When King realized that the cars were not moving, she started to "apply the brakes a little bit,” causing the Camaro to begin to skid into the left lane. She tried to head toward the grassy median, but was struck on the left front quarter panel by the Greyhound bus, which resulted in her losing control of her car as it began spinning to the right.

When Ralph saw the oncoming headlights of an out-of-control car and realized that it was not slowing down, he yelled a warning to his children, who were near the rear of the Mustang. Brian dove to the side and Penny ran from the shoulder and into a "gully.” Testimony differs as to whether the Camaro actually hit the Mustang, but it ultimately passed to the right of it and into the gully. When Ralph approached the Camaro, he saw that Penny had been crushed underneath it. Three to five minutes had elapsed between the initial collision disabling the Mustang and Penny’s being struck.

Plaintiffs’ third amended complaint included, inter alia, products liability and negligence counts against Ford, relating to its design and location of the fuel cut-off switch, and against both Ford and WilShore for their failure to warn of the existence and location of the fuel shut-off switch and their failure to instruct the purchaser on how to disengage it.

The trial judge granted summary judgment to both Ford and Wil-Shore, holding that even "accepting” plaintiffs’ charges of negligence as to both Ford and Wil-Shore:

"I think there are several independent and intervening causes that caused this tragic death to the deceased young lady.
Here there is the minor accident that first happened. That is something I don’t think that Ford could foresee or the results that would happen thereafter.
The car is pushed partially off the side of the road, I think, if you look at Ms. King’s deposition on that.
Then, the other two vehicles approach. There are also the intervening weather conditions which were terrible for driving. I think there was sleet or freezing rain as described in Rhonda King’s deposition.
And then along came two other vehicles, the vehicle of Ms. King and the vehicle of the Greyhound Bus Company driven by Mr. Deanes.
I think there is some interplay between those vehicles or Ms. King starts to slide, and then her car, one way or another, comes in contact with Penelope Brettschneider in a way that tragically kills her.
I think that here the injuries and the death to the plaintiff could well have happened with or without the fuel shut-off device. Plaintiff’s car could have pulled over to the side of the road for any number of reasons.
Even if it had no fuel shut-off device, because of the weather and because of the other vehicles, they could have tragically lost a member of their family and were hurt regardless of this fuel shutoff device.
I see this, as the cases call it, a condition and not a cause. It may not even be a condition, as I said.”

Plaintiffs claim that their actions against Ford and Wil-Shore present genuine issues of material fact requiring reversal of the trial court’s grant of summary judgment.

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Cite This Page — Counsel Stack

Bluebook (online)
669 N.E.2d 608, 283 Ill. App. 3d 52, 218 Ill. Dec. 465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mack-v-ford-motor-co-illappct-1996.