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Torts Keyed to Prosser
Baxter v. Ford Motor Co.
Citation:
168 Wash. 456, 12 P.2d 409Facts
Baxter (plaintiff) purchased a Ford sedan from St. John Motors (co-defendant), a Ford dealer. St. John Motors had acquired the sedan from Ford Motor Company (co-defendant). During the transaction to purchase the sedan, Baxter alleged that representations were made to him that the windshield of the sedan was made of nonshatterable glass. Months later, Baxter was driving the sedan when a pebble struck the windshield. The impact of the pebble on the windshield caused small pieces of glasses to fly into Baxter’s left eye. As a result, Baxter lost his left eye and suffered injury to his right eye. Baxter sued both St. John Motors and Ford Motor Company to recover damages. At trial, the court refused to admit evidence of catalogues and printed matter that allegedly contained representations or warranties referencing the nature of the glass used in the windshield. The trial court entered judgment for both St. John Motors and Ford Motor Company. Baxter appealed.
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Negligence Forseeable-Proximate Cause