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Products Liability Keyed Owen, 8th Ed.
Ducko v. Chrysler Motors Corp.
Citation:
639 A.2d 1204 (1994)Facts
On November 23, 1984, Wilma Ducko was driving her newly purchased 1985 Chrysler Fifth Avenue southward on the Atlantic City Expressway when the vehicle suddenly jerked to the right. Despite her efforts to correct the vehicle’s path, the steering felt locked, and the brakes failed to respond. The car, traveling at 55 mph, went across the highway, down an embankment, and crashed into trees. Mrs. Ducko suffered serious injuries, including a broken back, and the vehicle was totaled. The car had been driven only 1,655 miles and purchased less than two months before the accident. The road surface was dry at the time. The plaintiff’s expert found no specific defect but opined that a transient malfunction of the power system for steering and brakes caused the accident. Chrysler’s expert countered that both systems were operational, found no abnormalities, and attributed the accident to operator error.
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