663 S.W.2d 713 (Ark. 1984), 83-221, Mixon v. Chrysler Corp.

Docket Nº:83-221.
Citation:663 S.W.2d 713, 281 Ark. 202
Opinion Judge:[17] The opinion of the court was delivered by: John I. Purtle, Justice.
Party Name:Carlton MIXON and Evelyn Mixon, Appellants, v. CHRYSLER CORPORATION; C.B. Jelks and Harold Jelks D/B/A Jonesboro Motor Company, Appellees.
Attorney:[14] Lambert Brown, by: Don R. Brown and Stewart K. Lambert, for appellants. [15] Davis, Cox & Wright, by: Constance G. Clark, for appellee Chrysler Corporation. [16] Barrett, Wheatley, Smith & Deacon, for appellees C. B. Jelks and Harold Jelks, d/b/a Jonesboro Motor Company.
Case Date:January 16, 1984
Court:Supreme Court of Arkansas

Page 713

663 S.W.2d 713 (Ark. 1984)

281 Ark. 202

Carlton MIXON and Evelyn Mixon, Appellants,


CHRYSLER CORPORATION; C.B. Jelks and Harold Jelks D/B/A

Jonesboro Motor Company, Appellees.

No. 83-221.

Supreme Court of Arkansas.

January 16, 1984.

Rehearing Denied Feb. 21, 1984.

[281 Ark. 203] Lambert & Brown by Don R. Brown and Stewart K. Lambert, Cherokee Village, for appellants.

Barrett, Wheatley, Smith & Deacon, Jonesboro, for C.B. Jelks and Harold Jelks.

Davis, Cox & Wright, Fayetteville, for Chrysler Corp.

PURTLE, Justice.

On April 8, 1983, the trial court entered an order granting appellees' motion for summary judgment. The trial court found that there was no genuine [281 Ark. 204] issue of any

Page 714

material fact and also found that answers to appellants' outstanding interrogatories to appellee Chrysler could have no bearing on the motion for summary judgment.

For their appeal the appellants argue that there was a genuine issue of fact and that the court erred in denying appellants' motion to compel discovery. We do not agree with appellants on either argument.

On December 19, 1977, Carlton Mixon was driving his 1976 Plymouth Volare automobile along Arkansas highway 58, with his wife, Evelyn Mixon, as a passenger, when he became unable to control the vehicle. It crashed down an embankment, thereby damaging the vehicle beyond repair and inflicting injuries upon both appellants. The vehicle was purchased new from Jonesboro Motor Company in February, 1976. At the time of the occurrence the odometer reading was approximately 30,000 miles. There had been no repairs to the steering mechanism nor had it been found defective. After the occurrence the brakes were inspected by representatives of the appellants and by their collision insurance carrier. No defect was discovered. Therefore, no notice was given to either appellee. By the time appellants sought to inspect the steering mechanism the wreckage had been disposed of.

Appellants filed a complaint against the appellees on July 16, 1979. The complaint alleged: 1) negligent design or manufacture; 2) breach of implied warranties; 3) failure to properly prepare and inspect prior to delivery; and 4) res ipsa loquitur. Appellants submitted interrogatories to Chrysler on February 3, 1983. Chrysler filed a motion for summary judgment on February 15, 1983. Subsequently the other...

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