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Torts Keyed to Prosser
Cruz v. DaimlerChrysler Motors Corp.
Citation:66 A.3d 446
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Cruz was cleaning the inside of his minivan when the airbags suddenly deployed and injured him. He had purchased the used minivan three years earlier from Ricky Smith’s dealership. Cruz filed suit for negligence and negligent misrepresentation against both Smith and the car’s manufacturer, DaimlerChrysler Motors Corp. Cruz voluntarily dismissed his lawsuit against Daimler Chrysler Motors Corp. after the company filed for bankruptcy. Smith was left as the sole defendant in the case. Cruz amended his complaint to seek recovery against Smith based on the doctrine of res ipsa loquitor. At trial, Cruz produced no direct evidence linking the spontaneous deployment of the airbags to any negligent conduct on behalf of Smith. The trial court granted summary judgment for Smith. Cruz appealed to the Supreme Court of Rhode Island.
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