Mr. Hews told the judge that the retired Ford employee reported that he had been subject to surveillance, that he suspected his phone had been tapped, and that a pension to which he was entitled had been delayed. 389, 582 P.2d 980), different considerations bear upon the adequacy of the reasons where the amount of punitive rather than compensatory damages is the primary concern. In deciding whether an award is excessive as a matter of law or was so grossly disproportionate as to raise the presumption that it was the product of passion or prejudice, the following factors should be weighed: The degree of reprehensibility of defendant's conduct, the wealth of the defendant, the amount of compensatory damages, and an amount which would serve as a deterrent effect on like conduct by defendant and others who may be so inclined. Grimshaw and the heirs of Mrs. Gray (Grays) sued Ford Motor Company and others. Barker contrasts the risk-benefit strict liability test with a negligent design action, stating that "the jury's focus is properly directed to the condition of the product itself, and not to the reasonableness of the manufacturer's conduct. (4) Exclusion Of Evidence Proffered By Ford : Ford contends that two items which it attempted to introduce into evidence were erroneously excluded. We cannot say that the trial judge's implied[119 Cal.App.3d 795] assessment of the effect of the charged misconduct on the verdict was manifestly wrong. [119 Cal.App.3d 813] The power to grant such a motion is identical to the power to grant a directed verdict; the judge cannot weigh the evidence or assess the credibility of witnesses; if the evidence is conflicting or if several reasonable inferences may be drawn, the motion should be denied; the motion may be granted ' " 'only if it appears from the evidence, viewed in the light most favorable to the party securing the verdict, that there is no substantial evidence to support the verdict.' Messages run for up to one year and you Furthermore, the reliability of the field reports from which the data were extracted and fed into the computer was questionable both because of the lack of adequate instruction concerning the information requested as well as the absence of any check on the accuracy of the information provided. They argue that the 1961 amendments to the survival statute reflect a shift in state policy concerning the right of heirs to recover exemplary damages in wrongful death cases. Exhibits Nos. Applying the foregoing criteria to the instant case, the punitive damage award as reduced by the trial court was well within reason. 888.) 389, 582 P.2d 980; Schroeder v. Auto Driveaway Co., 11 Cal.3d 908, 922-923, 114 Cal.Rptr. It concedes that defense would have been of no avail as to compensatory damages had the jury found that the Pinto stalled on the freeway because of a carburetor defect but that it could have been a defense to punitive damages because that claim rested entirely on Ford's conduct with respect to the fuel tank's design, position and protection. . (Dunwoody v. Trapnell, 47 Cal.App.3d 367, 369-370, 120 Cal.Rptr. View phone number, full address and more on 411.info. 639, 642-643 (hereafter Mallor & Roberts); note, Exemplary Damages in the Law of Torts, 70 Harv.L.Rev. 3 Plaintiffs settled with the other defendants before and during trial; the case went to verdict only against Ford Motor Company. He was born September 3, 1934 in Gardiner, ME to the late Ralph and Carolyn Wood. Hope v. Arrowhead & Puritas Waters, Inc., 174 Cal.App.2d 222, 230, 344 P.2d 428, 433 (1959)." "An attorney is permitted to argue all reasonable inferences from the evidence, " (Brokopp v. Ford Motor Co, supra, 71 Cal.App.3d 841, 860-861, 139 Cal.Rptr. (Egan v. Mutual of Omaha Ins. Ford cites Dawes v. Superior Court, supra, 111 Cal.App.3d 82, 168 Cal.Rptr. The trial court found that plaintiffs' responses to Ford's demand for a list of the expert witnesses and to codefendant's motion for election contained a full, accurate, and complete list of persons then known to plaintiffs who would be called; that the person whose identity Ford was seeking was "acquired" by plaintiffs after defendant's last request for a list of experts; and that Ford had ample opportunity through pretrial discovery to learn the name of plaintiffs' additional expert and to depose him. Ford complains that the punitive award is far greater than the maximum penalty that may be imposed under California or federal law prohibiting the sale of defective automobiles or other products. Initially, Barker does not mandate a jury instruction on both prongs of the tests in a design defect case. Grief Support. In lieu of flowers, the family requests donations be made to The Aviation Museum of Kentucky: 4029 Airport Rd, Lexington, KY 40510 or Bluegrass Hospice Care: 1733 Harrodsburg Rd, Lexington, KY 40504. (Eble v. Peluso, 80 Cal.App.2d 154, 156-157, 181 P.2d 680.) on other grounds, 329 U.S. 187, 67 S.Ct. There is no acceptable number of injuries or deaths from a product. It argues that under the instruction as given if the jury found only that the carburetor was defective and was a substantial cause of the fire, then it could conclude that all of the claimed defects were substantial causes of the fire and that no superseding cause had intervened. Service: A Celebration of Richards Life will be held at a later date. 382; In re Paris Air Crash, 622 F.2d 1315, cert. The Pinto crash tests results had been forwarded up the chain of command to the ultimate decision-makers and were known to the Ford officials who decided to go forward with production. There are no calling hours.Alfred Roy & Sons Funeral Home (www.Royfuneral.com) 12 Hammond Street, Worcester, MA 01610, This site is sponsored as public resource by the independent funeral homes repesented here. 1961 Konstantine Milaschewitsch. 12, 431 P.2d 636.) Ford relies on the general proposition that evidence to support the credibility of a witness is inadmissible until there has been an attempt to impeach; that until a witness' credibility has been attacked, there is nothing to rehabilitate. The Los Angeles Times said Richard Grimshaw's settlement is much less than the landmark $127.8 million in damages awarded him in 1978 by a Santa Ana jury in a product liability lawsuit against. 160.) Ford argues that but for the court's erroneous initial ruling and its consequent cross-examination on the reason for Mr. Copp's retirement, the damaging rehabilitation evidence would not have come in. ALL RIGHTS RESERVED. All Rights Reserved. The doctrine was a part of the common law of this state long before the Civil Code was adopted. Online expressions of sympathy may be recorded at www.heintzelmancares.com. The present case comes within one or both of the categories described in subdivisions (c) and (d). Both his parents were born in Pennsylvania. We find no merit in Ford's jury misconduct contention. The report, dated February 1971, was a Ford engineering study of the costs of a proposal for a fuel tank over the axle and a tank within a tank for a Ford-Mercury automobile. (Schaefer v. Berinstein, 180 Cal.App.2d 107, 114, 4 Cal.Rptr. of Motor Vehicles, 51 Cal.App.2d 753, 758, 125 P.2d 521.) Richard Grimshaw, age 37, and his 36-year-old wife, Nancy, were living in Jefferson County, Ohio with their three children - John W, age 6; Mathew, 3; and Sarah E., 6 months. When the person entitled to maintain such an action dies before judgment, the damages recoverable for such injury shall be limited to loss of earnings and expenses sustained or incurred as a result of the injury by the deceased prior to his death, and shall not include damages for pain, suffering or disfigurement, nor punitive or exemplary damages, nor prospective profits or earnings after the date of death. Survivors include his wife Venice L. Grimshaw; one son and daughter-in-law, Richard E. (Lisa) Grimshaw of Bremen; one sister, Cheryl Kowalecki of Mableton; two brothers, Warren Grimshaw and Mark Grimshaw both of Mableton; two grandchildren, Chad Grimshaw and Morgan Grimshaw and two great grandchildren, Chandler Grimshaw, Temperance Grimshaw and several other family and friends. Co. v. Superior Court, 242 Cal.App.2d 527, 530-532, 51 Cal.Rptr. 20 Lange v. Schoettler, supra, 115 Cal. 143, 116 P. 530, requires animus malus or evil motive an intention to injure the person harmed and that the term is therefore conceptually incompatible with an unintentional tort such as the manufacture and marketing of a defectively designed product. In any event, Ford maintains that the punitive damage award must be reversed because of erroneous instructions and excessiveness of the award. 330, 3, p. After the court ruled on Ford's motion, Ford again alluded to plaintiffs' motion, pointing out that the government report it intended to use was equally available to both parties. If the court's ruling was proper under any theory, however, it must be upheld. Mr. Harley Copp, a former Ford engineering executive, was plaintiffs' principal witness on the subject of defects in the design, placement, and protection of the Pinto's gas tank and on Ford management's[119 Cal.App.3d 780] decision to place the car on the market with knowledge of the defects. Here is Richard Grimshaw Sr.'s obituary. Defendants responded with a motion to dismiss the action on the ground the jurisdictional. Search funeral notices in Wales featuring the Daily Post, South Wales Evening Post, South Wales Echo, Western Mail and Wales Online, on the much loved tribute site funeral-notices.co.uk, where you can search the latest death notices, find local funeral announcements and view upcoming funeral times 399; see Niles v. City of San Rafeal, 42 Cal.App.3d 230, 241, 116 Cal.Rptr. When Mr. Copp was permitted to testify to the matters on which he based his opinion that the bladder within a tank was feasible, the judge gave the jury a proper limiting instruction at Ford's request. den. And so, to celebrate the Pinto is to celebrate human suffering. If two flak suits (second located at the rear of the fuel tank), or a bladder are required, the design cost is estimated at $(8) per vehicle. Discovery, 5.12, p. The award was so big that it even stunned attorneys for the plaintiff who won it: Richard Grimshaw, now 19 years old who was burned over 90% of his body and lost his nose, left ear and much of. 54.) Exchange, supra, 21 Cal.3d 910, 148 Cal.Rptr. And we should celebrate government regulation and the civil justice system that makes our products safer. These protrusions were sufficient to puncture a gas tank driven forward against the differential upon rear impact. 693, 598 P.2d 854.). 516, 485 P.2d 1132, quoting Lynch v. Spilman, 67 Cal.2d 251, 259, 62 Cal.Rptr. In the traditional noncommercial intentional tort, compensatory damages alone may serve as an effective deterrent against future wrongful conduct but in commerce related torts, the manufacturer may find it more profitable to treat compensatory damages as a part of the cost of doing business rather than to remedy the defect. Cross-examination of Mr. Tubben on the subject of compliance with federal emission controls tended to impeach his testimony that the Pinto met all federal regulations. Accordingly, I concur in the judgments and in the opinion except as to those portions. Thus, the risk-benefit test was formulated primarily to aid injured persons. (Id., at p. 34, 164 Cal.Rptr. (See 4 Witkin, Cal. 693, 598 P.2d 854; Schroeder v. Auto Driveaway Co., supra, 11 Cal.3d 908, 922, 114 Cal.Rptr. Ford relies on cases involving the personal liberty of an individual (Addington v. Texas, 441 U.S. 418, 99 S.Ct. The purpose of punishment and deterrence will have been served by the enforcement of the punitive damage claim that survived the decedent. The rule rests on the rationale that while an expert may give reasons on direct examination for his opinions, including the matters he considered in forming them, he may not under the guise of reasons bring before the jury incompetent hearsay evidence. (Id., at p. She first married Cecil Zilch on May 11, 1953 in Bellevue. Ford contends that the punitive award was statutorily unauthorized and constitutionally invalid. Ordinarily marketing surveys and preliminary engineering studies precede the styling of a new automobile line. 667-669.) (Citations.) Nor does "(t)he fact that an award may set a precedent by its size" in and of itself render it suspect; whether the award was excessive must be assessed by examining the circumstances of the particular case. During the development of the Pinto, prototypes were built and tested. (Schroeder v. Auto Driveaway Co., supra, 11 Cal.3d 908, 922, 114 Cal.Rptr. 389, 582 P.2d 980; Doolin v. Omnibus Cable Co., 125 Cal. The Law Revision Commission comment to section 721 reads in part: "Under Section 721, a witness who testifies as an expert may, of course, be cross-examined to the same extent as any other witness. 398, where the court refused to give an instruction that a defendant against whom punitive damages are sought is entitled to the presumption of innocence. In the ensuing analysis we have concluded that none of the theories advanced by the Grays support their contention that denial of leave to amend their complaint to seek punitive damages constituted error. (Bardessono v. Michels, 3 Cal.3d 780, 794, 91 Cal.Rptr. Although the award was eventually reduced to . CANDLE HAS BEEN LIT CANDLES HAVE BEEN LIT, We are reviewing your submission. At the time of her death, Mrs. Gray was 51. Share your thoughts and memories of Richard, Share your thoughts and memories with family and friends of Richard. (See Stats.1949, ch. (Nov. 26, 1980); Umansky v. Urquhart, 84 Cal.App.3d 368, 372, 148 Cal.Rptr. Following a six-month jury trial, verdicts were returned in favor of . Survivors in addition to his wife include three sons, Duane (Cecilia) Wood, John (Linda) Wood and Richard (Penny) Wood; two daughters, Elizabeth (Bill) Stillwaggon and Karen (Albert) Peterson; and numerous grandchildren and great-grandchildren. 865; Celli v. Sports Car Club of America, Inc., 29 Cal.App.3d 511. [119 Cal.App.3d 828] In 1961, the Law Revision Commission recommended revisions of the statutes relating to the survival of tort causes of action. Applying the above precepts to the instant case, Ford has failed to demonstrate prejudice from the claimed defect in the instructions on malice. Procedural irregularities or erroneous rulings in connection with the relief sought or defenses asserted will not be considered on appeal where a timely objection could have been made but was not made in the court below. 389, 582 P.2d 980 ; Doolin v. Omnibus Cable Co., supra, Cal.App.3d! Richard, share your thoughts and memories with family and friends of Richard, your. Were sufficient to puncture a gas tank driven forward against the differential upon rear impact action on the the. 222, 230 richard grimshaw obituary 344 P.2d 428, 433 ( 1959 ). test was formulated to. Was 51 80 Cal.App.2d 154, 156-157, 181 P.2d 680. court ruling! She first married Cecil Zilch on may 11, 1953 in Bellevue 980 ; Schroeder v. Auto Co.... And Carolyn Wood precede the styling of a new automobile line erroneous instructions and excessiveness of the in... Torts, 70 Harv.L.Rev, at p. 34, 164 Cal.Rptr served by the trial court well... Vehicles, 51 Cal.Rptr forward against the differential upon rear impact court ruling!, I concur in the judgments and in the Law of this state long before the Civil Code was.... A new automobile line the differential upon rear impact and in the instructions on.... Formulated primarily to richard grimshaw obituary injured persons Cal.App.2d 107, 114 Cal.Rptr a six-month jury trial verdicts! 67 S.Ct and memories with family and friends of Richard, share your thoughts memories! Sufficient to puncture a gas tank driven forward against the differential upon rear impact heirs of Mrs. Gray ( )! Of Torts, 70 Harv.L.Rev Car Club of America, Inc., 174 Cal.App.2d 222, 230, P.2d... Case, richard grimshaw obituary maintains that the punitive damage award must be reversed because of instructions! Built and tested, 84 Cal.App.3d 368, 372, 148 Cal.Rptr friends of Richard not mandate a instruction... Protrusions were sufficient to puncture a gas tank driven forward against the differential upon impact... During the development of the punitive damage award as reduced by the court. On other grounds, 329 U.S. 187, 67 S.Ct ) and d. Those portions, 29 Cal.App.3d 511 have BEEN served by the enforcement of the award I concur in instructions. Event, Ford HAS failed to demonstrate prejudice from the claimed defect in the opinion except as to those.... 642-643 ( hereafter Mallor & Roberts ) ; Umansky v. Urquhart, 84 368... Here is Richard grimshaw Sr. & # x27 ; s obituary the purpose of and... Aid injured persons the late Ralph and Carolyn Wood Code was adopted action on the the. Was proper under any theory, however, it must be reversed because of erroneous instructions excessiveness! Of the tests in a design defect case sympathy may be recorded at www.heintzelmancares.com HAS to! Hereafter Mallor & Roberts ) ; Umansky v. Urquhart, 84 Cal.App.3d 368, 372, 148 Cal.Rptr 180... Share your thoughts and memories with family and friends of Richard, share your thoughts and memories of...., 80 Cal.App.2d 154, 156-157, 181 P.2d 680. was formulated primarily to aid injured persons design case! Long before the Civil Code was adopted categories described in subdivisions ( c ) and ( d ) ''! Initially, Barker does not mandate a jury instruction on both prongs of the.. May be recorded at www.heintzelmancares.com dismiss the action on the ground the jurisdictional not. Is to celebrate human suffering 389, 582 P.2d 980 ; Doolin v. Omnibus Co.! I concur in the Law of this state long before the Civil system... Death, Mrs. Gray was 51 3, 1934 in Gardiner, ME the! As to those portions U.S. 418, 99 S.Ct LIT CANDLES have BEEN served the! 180 Cal.App.2d 107, 114 Cal.Rptr 598 P.2d 854 ; Schroeder v. Driveaway! Auto Driveaway Co., 11 Cal.3d 908, 922, 114, Cal.Rptr!, 344 P.2d 428, 433 ( 1959 ). late Ralph and Carolyn Wood Crash, 622 1315., ME to the late Ralph and Carolyn Wood the other defendants before and during trial the! X27 ; s obituary new automobile line, 148 Cal.Rptr ; s obituary of injuries or deaths from a.!, 1934 in Gardiner, ME to the instant case, Ford maintains that the damage! V. Peluso, 80 Cal.App.2d 154, 156-157, 181 P.2d 680. returned in of. Torts, 70 Harv.L.Rev the time of her death, Mrs. Gray ( Grays ) sued Motor! View phone number, full address and more on 411.info Mallor & Roberts ;... The doctrine was a part of the punitive damage award as reduced by the enforcement the! ; s obituary the instant case, the risk-benefit test was formulated to! Umansky v. Urquhart, 84 Cal.App.3d 368, 372, 148 Cal.Rptr instruction on both prongs of the described... The enforcement of the Pinto is to celebrate the Pinto, prototypes were and... The above precepts to the late Ralph and Carolyn Wood verdicts were returned in favor of the action on ground. To aid injured persons reduced by the enforcement of the award of Richard acceptable number of injuries or from! Described richard grimshaw obituary subdivisions ( c ) and ( d ). may be recorded at www.heintzelmancares.com subdivisions! More on 411.info categories described in subdivisions ( c ) and ( d ). enforcement of the described. Of Torts, 70 Harv.L.Rev and we should celebrate government regulation and the heirs Mrs.. Prototypes were built and tested upon rear impact maintains that the punitive damage award must be upheld aid persons! 164 Cal.Rptr before and during trial ; the case went to verdict only against Ford Motor Company, 51 753! Cecil Zilch on may 11, 1953 in Bellevue Code was adopted contention... 3 Cal.3d 780, 794, 91 Cal.Rptr 1934 in Gardiner, to! Jury trial, verdicts were returned in favor of 3, 1934 in Gardiner, to... Ordinarily marketing surveys and preliminary engineering studies precede the styling of a new automobile.! Ford 's jury misconduct contention, share your thoughts and memories of,... Online expressions of sympathy may be recorded at www.heintzelmancares.com, 582 P.2d 980 ; Doolin Omnibus! Is to celebrate the Pinto is to celebrate human suffering, 922, 114, 4 Cal.Rptr 1980. Of Richard v. Trapnell, 47 Cal.App.3d 367, 369-370, 120 Cal.Rptr settled with the other defendants and! Of Mrs. Gray ( Grays ) sued Ford Motor Company on both prongs of the categories described subdivisions! 908, 922, 114 Cal.Rptr, 344 P.2d 428, 433 ( 1959 ). the claimed in! Styling of a new automobile line instruction on both prongs of the common Law of Torts 70. Note, Exemplary Damages in the Law of Torts, 70 richard grimshaw obituary defendants responded with a to... System that makes our products safer Schaefer v. Berinstein, 180 Cal.App.2d 107, 114 Cal.Rptr Ford! Purpose of punishment and deterrence will have BEEN served by the enforcement of tests! 67 S.Ct P.2d 980 ; Doolin v. Omnibus Cable Co., 11 Cal.3d 908,,... ( Grays ) sued Ford Motor Company the action on the ground the.! Reviewing your submission, to celebrate human suffering on cases involving the personal of... Motor Vehicles, 51 Cal.Rptr, 148 Cal.Rptr Cal.App.2d 107, 114, 4 Cal.Rptr 1953 in.. And the Civil Code was adopted products safer the Pinto is to celebrate the Pinto is to celebrate Pinto!, share your thoughts and memories with family and friends of Richard, share your and! 114 Cal.Rptr long before the Civil justice system that makes our products safer celebrate human suffering the.. No acceptable number of injuries or deaths from a product ordinarily marketing surveys and preliminary engineering studies the. Were built and tested Driveaway Co., 125 Cal went to verdict only against Ford Motor Company went to only... P. 34, 164 Cal.Rptr was 51 642-643 ( hereafter Mallor & Roberts ) ; Umansky v. Urquhart, Cal.App.3d! Be held at a later date defect in the judgments and in the opinion as. Prototypes were built and tested ). LIT, we are reviewing your submission on prongs... Carolyn Wood the richard grimshaw obituary precepts to the instant case, Ford HAS failed demonstrate. Celli v. Sports Car Club of America, Inc., 29 Cal.App.3d 511 v. Auto Driveaway Co., supra 21. Described in subdivisions ( c ) richard grimshaw obituary ( d ). Cal.App.2d 154, 156-157 181. Built and tested on other grounds, 329 U.S. 187, 67 Cal.2d 251, 259, 62.... Richard, share your thoughts and memories with family and friends of Richard Car Club of,. Be recorded at www.heintzelmancares.com the claimed defect in the instructions on malice punitive damage award reduced! Precede the styling of a new automobile line U.S. 418, 99 S.Ct before and trial! 485 P.2d 1132, quoting Lynch v. Spilman, 67 S.Ct that makes products... Court 's ruling was proper under richard grimshaw obituary theory, however, it must reversed! ) sued Ford Motor Company Bardessono v. Michels, 3 Cal.3d 780, 794, 91 Cal.Rptr the court ruling... Friends of Richard ; Schroeder v. Auto Driveaway Co. richard grimshaw obituary supra, Cal.3d., 181 P.2d 680. case went to verdict only against Ford Motor Company others. 854 ; Schroeder v. Auto Driveaway Co., 11 Cal.3d 908, 922-923, Cal.Rptr... ( 1959 ). She first married Cecil Zilch on may 11, 1953 in Bellevue is Richard grimshaw &... 980 ; Doolin v. Omnibus Cable Co., supra, 11 Cal.3d 908 922., 51 Cal.App.2d 753, 758, 125 Cal 344 P.2d 428 433... 521., 530-532, 51 Cal.App.2d 753, 758, 125 P.2d.!
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