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Products Liability Keyed Owen, 8th Ed.
Daly v. General Motors Corp.
Citation:
575 P.2d 1162 (1978)Facts
In 1970, attorney Kirk Daly was driving his Opel on the Harbor Freeway in Los Angeles when he collided with a metal divider fence at 50-70 mph. Upon impact, the car spun counterclockwise, the driver’s door opened, and Daly was ejected from the vehicle, sustaining fatal head injuries. It was undisputed that had Daly remained in the vehicle, his injuries would likely have been minor. His widow and three children sued General Motors and others in the distribution chain on a strict liability theory, claiming the door latch was defectively designed, allowing the door to open during impact. The defendants introduced evidence that the Opel was equipped with seat belts and door locks which, if used, would have prevented Daly’s ejection, and that Daly was intoxicated at the time of the accident. The jury returned a verdict for the defendants.
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