Northern v. General Motors Corporation, 7973
| Decision Date | 30 March 1954 |
| Docket Number | No. 7973,7973 |
| Citation | 268 P.2d 981,2 Utah 2d 9 |
| Parties | d 9 NORTHERN, v. GENERAL MOTORS CORP. |
| Court | Utah Supreme Court |
Rich, Elton & Mangum, Salt Lake City, for appellant.
Rawlings, Wallace, Black, Roberts & Black, Dwight L. King, Salt Lake City, for respondent.
This is an action brought against a truck manufacturer, wherein it was alleged that a defective steering arm had been negligently installed in a new vehicle. From an adverse judgment, after verdict, the manufacturer appeals.
Respondent had purchased the new truck in question from appellant's dealer a short time prior to the accident. He testified that the accident happened when the steering mechanism broke, the vehicle left the highway, and tipped over as the loaded truck was moving down a hill. After the accident, a broken steering arm was discovered on the vehicle.
Was there any substantial evidence presented showing that the steering mechanism was defective at the time of manufacture?
This must be answered in the affirmative. In addition to the usual testimonial evidence, there was presented to the jury the broken steering part as well as photographs of the same. A cursory examination of these exhibits shows a distinct penetration of rust into the steel, at the place of the break. (The important fact to bear in mind on this question is that this vehicle had been on the road only a few days.) It appears that the part in question had been encased in a greased shaft, when assembled in the truck, and had so remained enclosed until the time of the accident. This being true, appellant's argument to the effect that the break could only have occurred when the truck hit a tree and tipped over is not conclusive, because it can be said as a matter of common knowledge, 31 C.J.S., Evidence, Sec. 75, page 656, that rust and discoloration of a piece of metal does not instantaneously occur upon its exposure to air. It follows, therefore, that there was substantial evidence in the record upon which a reasonable inference could be drawn that the defect existed at the time it was assembled.
Was there any evidence that such defect was discoverable by reasonable inspection?
This must, also, be answered in the affirmative. Here immediate, real evidence was presented to the jury showing a discoloration which had substantially permeated into the metal at the place of the break. In this day of the X-ray and other elaborate methods of testing steel, see Livesley v. Continental Motors Corp., 331 Mich. 434, 49 N.W.2d 365, appellant is in no position to urge that a fracture in so important a part of a motor vehicle as the steering mechanism, is not reasonably discoverable. See comment to Sec. 395, Torts, Restatement of the Law. So, a jury question, likewise, was presented on this issue. On the one hand, the plaintiff presents the discolored and rusty steering arm, taken from his recently purchased new truck and, on the other hand, the appellant tenders testimonial evidence showing the elaborate inspection processes followed in testing each piece of steel which is assembled into its steering mechanisms.
Was there any substantial evidence presented which showed that the injury to respondent was caused by the failure of the pitman shaft due to its defective condition?
Appellant invites our attention to certain admission elicited from respondent during his cross examination which, it asserts, proves conclusively that the fracture in the steering arm was not a substantial factor in bringing about the accident. But we are not required to accept a portion only of plaintiff's testimony. A review of plaintiff's entire evidence compels us to conclude that (a) the factor which contributed in producing the harm was (taking plaintiff's theory of the case) the fracture in the steering arm when manufactured; (b) looking back at this...
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Pabon v. Hackensack Auto Sales, Inc.
...mechanical defect in the steering mechanism came into existence before delivery of the automobile to Pabon. Northern v. General Motors Corp., 2 Utah 2d 9, 268 P.2d 981 (Sup.Ct.1954); Alexander v. Nash-Kelvinator Corporation, 261 F.2d 187, 189 (2 Cir. 1958). That the inference would be one o......
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...improperly made, to any member of the public using it for the purpose and in the manner for which it was made. Northern v. General Motors Corporation, 2 Utah 2d 9, 268 P.2d 981; Hooper v. General Motors Corporation, Utah, 260 P.2d 549. However, plaintiff must prove a violation of that duty ......
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...Oil Co., 131 Mont. 535, 312 P.2d 134; American Radiator & Standard Sanitary Corp. v. Fix, 8 Cir., 200 F.2d 529; Northern v. General Motors Corp., 2 Utah 2d 9, 268 P.2d 981. In Restatement of Torts 2d § 402A, this concept to strict liability situations appears in Comment g, p. 'The burden of......
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Dunn v. Vogel Chevrolet Co.
...by a reasonable, practicable inspection.' A situation even more comparable to the instant case was presented in Northern v. General Motors Corp., 2 Utah 2d 9, 268 P.2d 981. There it was held that where the purchaser of a new truck sustained damages when the steering mechanism, which was all......