Williams v. General Motors Corporation

501 S.W.2d 930, 1973 Tex. App. LEXIS 2635
CourtCourt of Appeals of Texas
DecidedOctober 4, 1973
Docket16128
StatusPublished
Cited by18 cases

This text of 501 S.W.2d 930 (Williams v. General Motors Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. General Motors Corporation, 501 S.W.2d 930, 1973 Tex. App. LEXIS 2635 (Tex. Ct. App. 1973).

Opinion

EVANS, Justice.

In this products liability case, plaintiff, Mrs. Elnora Spriggs Williams, recovered judgment for $1,000,000.00 against defendants, General Motors Corporation and Bob Robertson, Inc., upon jury finding of defective design in the steering coupling of Mrs. Williams’ 1963 Chevrolet automobile. The trial court’s judgment awarded Robertson full indemnification against General Motors.

Appellant, General Motors, first attacks on no evidence, insufficient evidence and *932 great weight points the submission of the special issues on defective design and caustion. The basic issues submitted and answers given were as follows:

Special Issue No. 1.
“Do you find from a preponderance of the evidence that the design of the upper steering coupling of the vehicle in question utilizing a combination of the size, shape or location of the lock ring; the size, shape or location of the clamp; and the size, shape or location of the sleeve constituted a defective design ?
“By the term ‘defective design’ as used in the above special issue is meant an-upper steering coupling designed so that it would create an unreasonable risk of harm to the ordinary user when the product is used for the intended purpose.
“By the term ‘unreasonable risk of harm’ as used in the above and foregoing definition is meant that the article sold must be dangerous to an extent beyond that which would be contemplated by the ordinary user who purchased it with the ordinary knowledge common to the community as to its characteristics.
“To which the jury answered ‘We do’.
Special Issue No. 2.
“Do you find from a preponderance of the evidence that such defective design, if any, was a producing cause of the accident of April 12, 1969 ?
“To which the jury answered ‘We do’.”

General Motors argues that evidence which merely shows a steering system could have been designed which would have prevented the accident is not sufficient to establish liability on the part of the manufacturer; that a manufacturer is under no duty to design a product which eliminates all possibility of a product being rendered unsafe by intervening causes.

Mrs. Williams purchased her 1963 Chevrolet Impala new from Bob Robertson, Inc., approximately six years before the accident and it had been driven some 60,000 miles. She had been at a meeting in Memorial Park on that Saturday morning, was driving home via Interstate 10, the Katy Freeway, and was approaching the Pierce Elevated section of Interstate 45, the Gulf Freeway. It had been raining and the streets were wet. At a slight angle curve, Mrs. Williams lost control of her car and struck the guard rail, first with the left front fender of her automobile; the car then rotated in a counter clockwise direction so that the right front of the vehicle next struck the guard rail and then the car continued to spin so that the right rear of the automobile struck the guard rail. Mrs. Williams was apparently catapulted into the back seat and was rendered a quadriplegic by her injuries. Mrs. Williams’ version of the accident was as follows:

“Q Mrs. Williams, as you were driving along the freeway and as it came into the Gulf Freeway, did something happen to your automobile ?
“A No, I was driving down there and there is a section, a crossover that says ‘To Dallas,’ and on the Katy Freeway there was a teeny-weeny curve, you could hardly call it a curve because it was so little, but it is a curve, I suppose, and I wanted to make myself a little more comfortable so I sort of shifted my body a little bit. And then my wheel, I lost control, the wheel spinned around like a top, and then I was headed straight for the guard rail and I couldn’t do anything about it. It happened so quick.
“Q Did you have any steering at all in that car before this happened, right at the time this happened ?
“Let me rephrase it. Did you have any warning?
“A Before, no. I was just driving along perfect.
*933 “Q Did you have any warning at all, any noises, anything that occurred ?
“A Nothing. And just turned, and I couldn’t turn it back straight because I had lost control, my wheel was spinning around.
“Q Did you try to turn it back ?
“A I tried to hard, but it wouldn’t do it.”

The wrecker driver who towed Mrs. Williams’ automobile from the scene of the accident testified that when he checked the steering wheel before he hooked the automobile up to the wrecker, the steering wheel would “spin free” as though it had been disconnected and the wheels would not turn when the steering wheel was turned.

An automobile mechanic, Lavert LaRue, who testified for the plaintiff, inspected the automobile approximately one month following the accident while it was situated at the wrecking lot. Mr. LaRue testified that the coupling which connects the upper steering shaft to the intermediate steering shaft had separated and that the steering wheel was no longer attached through the shaft to the steering gear. Mr. LaRue attributed the separation to a defectively designed coupling unit. A drawing of the steering coupling assembly is set forth on pages 933-934 of this opinion. Exhibit A shows the coupling assembled and Exhibit B is a drawing of the disassembled parts with the thrust clamp, sleeve and lock ring circled.

Apparently an upward pull on the steering wheel by the driver will disengage the upper steering column from the metal coupling if the thrust clamp is loose on the shaft and if the lock ring is not in place in the coupling. On this point LaRue testified:

*934

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Rodger Nelson Smith, Jr. v. Louisville Ladder Corp.
237 F.3d 515 (Fifth Circuit, 2001)
Group Hospital Services, Inc. v. Daniel
704 S.W.2d 870 (Court of Appeals of Texas, 1986)
Jackson v. Firestone
779 F.2d 1047 (Fifth Circuit, 1986)
Jackson v. Firestone Tire & Rubber Co.
779 F.2d 1047 (Fifth Circuit, 1986)
Boatland of Houston, Inc. v. Bailey
609 S.W.2d 743 (Texas Supreme Court, 1980)
Lubbock Manufacturing Co. v. Perez
591 S.W.2d 907 (Court of Appeals of Texas, 1979)
Carnation Co. v. Borner
588 S.W.2d 814 (Court of Appeals of Texas, 1979)
Moore v. Grantham
580 S.W.2d 142 (Court of Appeals of Texas, 1979)
Farmer v. International Harvester Company
553 P.2d 1306 (Idaho Supreme Court, 1976)
Cabrera v. Delta Brands, Inc.
538 S.W.2d 795 (Court of Appeals of Texas, 1976)
J. Weingarten, Inc. v. Higginbotham
523 S.W.2d 450 (Court of Appeals of Texas, 1975)
Dave Snelling Lincoln-Mercury v. Simon
508 S.W.2d 923 (Court of Appeals of Texas, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
501 S.W.2d 930, 1973 Tex. App. LEXIS 2635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-general-motors-corporation-texapp-1973.