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Torts Keyed to Underwood
Daly v. General Motors Corp.
Citation:575 P.2d 1162 (Cal. 1978)
The decedent was killed when his car hit a metal freeway divider at more than 50 miles per hour and the decedent had been thrown through the door and suffered fatal head injuries. It was undisputed that had he remained inside the car, his injuries would have been minor. The plaintiffs proved that an exposed push button on the exterior door handle, which caused the door to open, constituted a design defect. However, there was also evidence that the decedent did not use the seat belt or the door lock and was intoxicated during the accident.
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