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Torts Keyed to Franklin
Soule v. General Motors Corporation
Facts
Plaintiff was driving her Camaro without wearing her seatbelt when she collided with a Datsun that skidded on the wet road into her path. Experts estimated that the combined speed of the cars was between 30 and 70 MPH. The collision bent the frame of the Camaro near the driver’s side front wheel and tore loose a bracket. The wheel then collapsed into the underside of the “toe pan” and crumpled it, causing fractures to both of Plaintiff’s ankles. Plaintiff sued Defendant, claiming that design of the automobile was defective in the placement of the bracket and the configuration of the frame. Testimony at trial was provided by numerous expert witnesses on design engineering, orthopedics, and biomechanics. Defendant argued that the force of the accident and Plaintiff’s failure to wear a seatbelt caused her injures. The court instructed the jury on the “ordinary consumer expectations” rule of product liability law. The jury found that the Camaro’s defective design was the cause of Plaintiff’s injuries and awarded her $1.65 million. The court of appeals affirmed and Defendant appealed to the state supreme court.
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