Stein v. General Motors Corp.

58 Pa. D. & C.2d 193, 1972 Pa. Dist. & Cnty. Dec. LEXIS 229
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedApril 17, 1972
DocketNo. 457
StatusPublished

This text of 58 Pa. D. & C.2d 193 (Stein v. General Motors Corp.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stein v. General Motors Corp., 58 Pa. D. & C.2d 193, 1972 Pa. Dist. & Cnty. Dec. LEXIS 229 (Pa. Super. Ct. 1972).

Opinion

BODLEY, J.,

This is an accident case in which plaintiff was injured when he lost control while driving his wife’s car on the Pennsylvania Turnpike. The car veered to the left across an unguarded medial strip, rolled over two or more times and came to rest against a barrier on the opposite side of the highway. Suit was brought against the manufacturer and seller of the vehicle. At the conclusion of plaintiff’s case, the trial judge granted defendants’ motion for an involuntary non-suit and the court en banc later dismissed plaintiff’s motions for new trial and to take off the nonsuit. Thereafter, plaintiff appealed to the Superior Court. This opinion is written as required by the rules of that court.

Plaintiff’s theory of liability was that of strict liability under Restatement 2d, Torts, §402A. The facts offered in support of plaintiff’s claim are rather uncomplicated. On January 24, 1964, plaintiff was operating his wife’s vehicle at a speed of approximately 55 to 60 miles an hour in the left or “fast” lane of the Pennsylvania Turnpike. It was daylight and the roadway was dry. According to plaintiff and the testimony of some of his passengers, the car was felt to swerve or wiggle slightly to the right at which point, [195]*195he testified, plaintiff turned his steering wheel to the left resulting in no immediate response, but a moment thereafter there came a sudden swerve to the left. From that point on it appears that plaintiff had lost all control of the vehicle.

The car in question was purchased in November of 1961 and at the time of the accident, some 26 months later, registered 17,700 and more miles on its odometer. Approximately one week prior to the accident, plaintiff had the vehicle inspected by a friend who operated an establishment named “Abe’s Auto Repairs.” The vehicle passed inspection. However, immediately after inspection, plaintiff “felt the steering wheel going to the left too far.” He stated that this worried him to the point that he went upon a parking lot in order to test the steering mechanism and on this occasion he felt that the wheels turned too far to the right as well as to the left when he turned the steering wheel but slightly. The car had power steering, although the one that plaintiff customarily drove did not.

Plaintiff testified that he took the car to defendant, Reedman Motors, a few days later in order that the steering might be tested and that he rode with a “road tester” who stated that the steering mechanism worked perfectly. He did not drive the vehicle between this date, said to have been Monday, January 20th, until the date of the accident, Friday January 25, 1964. Plaintiff was not aware of how much his wife may have used the car during this interim period, but she had reported no problem with the steering mechanism. Immediately prior to the accident in question, plaintiff had driven for some 20 to 25 minutes on the turnpike at a speed of approximately 55 to 60 miles per hour. He experienced no trouble with the steering mechanism during this time. [196]*196Following the accident, plaintiff told an investigating State Trooper that the steering seemed hard to control at the moment of the accident and that he lost control of the vehicle. He said that was all he knew about the accident. He was not sure if he had applied his brakes at the time.

The investigating officer found skid marks of some 39 feet in the medial strip and testified that the vehicle had been “totalled” as a result of the impact. Pieces of the vehicle were strewn about the highway. After the injured persons were taken from the scene, the vehicle was towed to a nearby garage where it was examined the next day by a mechanic and the investigating officer.

The mechanic who looked over the car the following day with the trooper testified, among other things, that the left-front ball joint assembly was apart or separated. Later on, one Walter VanNess Pruyn, who described himself at trial as an “Impactologist,” looked over the vehicle on two occasions, February 10, 1964, and July 11, 1964.

At the trial of the case, the court sustained objections to questions which sought to elicit from Mr. Pruyn his opinion as to whether the ball stud of the upper left ball joint suspension system was in the ball joint socket at the time of the accident or not. The court also sustained an objection to questions which sought his opinion as to the cause of the separation of the ball joint assembly and as to his opinion concerning whether or not the design was defective. This witness did, however, describe in detail the physical operation of an automobile steering mechanism and described in minute detail his findings respecting the parts and pieces of this vehicle after the accident. The opinion sought of the witness by plaintiff’s counsel was kept out of the case because [197]*197the trial judge believed that Mr. Pruyn did not have the requisite qualifications to permit him to express opinions on the subject matter of the inquiry.

Examining the qualifications of Mr. Pruyn, it is noted that he is not a physicist, metallurgist or a mechanical or civil engineer. He graduated from high school in 1923 and took courses in education at the University of Pennsylvania during the years 1934 through 1949, in which latter year he was awarded a Bachelor of Science degree. Of the 125 semester hours of study at the university, 24 of these were said to have represented credit in mechanical engineering. The witness’s practical experience included work as a salesman and later, as he put it, “production engineer” for a family firm known as “Pruyn Ball Bearings” which was in the business of the manufacture and remanufacture of ball bearings and subsequently that of automotive parts wholesaler.

The witness began to teach automotive mechanics at Philadelphia high schools on a part-time basis in 1935 and in 1936-37 taught for two years at Philadelphia vocational schools. Thereafter, he, in his words, was a “regular” high school teacher until the war years when he was called upon to set up certain maintenance procedures for military vehicles. He testified that he developed such procedures for a tank division in Detroit. Following the war, he became associated with Spring Garden Institute, a technical school in Philadelphia, where he taught courses dealing with maintenance. During this period, he went to Turkey, for a time, as a representative of the United States for the purpose of instructing Turkish mechanics upon the maintenance of military equipment given that country by the United States. He then returned to Spring Garden Institute as a director of automotive training. However, he taught psychology [198]*198and English during the period of 1957 through 1965 and did no teaching in the automotive field.

The witness has taken no courses since 1949 in subjects relating to engineering and never took courses beyond the high school level in the field of physics. He never studied or instructed in the field of automotive design.

Since 1965 Mr. Pruyn has spent full time as a consultant and professional witness in accident cases, doing business under the registered name “Associated Technical Consultants.” It appears that he has no full time employes or others associated with him. As noted before he described himself as an “Impactologist” and declared that he is the only “Impactologist” in the United States.

He also testified that the term “Impactologist” had been conceived by himself and that he has registered the word at .the United States Patent Office, although the purpose thereof was not made clear.

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Cite This Page — Counsel Stack

Bluebook (online)
58 Pa. D. & C.2d 193, 1972 Pa. Dist. & Cnty. Dec. LEXIS 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stein-v-general-motors-corp-pactcomplbucks-1972.