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Products Liability Keyed Owen, 8th Ed.
Ford Motor Co. v. Moulton
Citation:
511 S.W.2d 690 (1974)Facts
Charles Moulton purchased a 1969 Ford LTD automobile from Hull-Dobbs, a Ford dealer in Knoxville, which was delivered to him on April 30, 1969. The vehicle came with a one-year or 12,000-mile express warranty from Ford. Both Ford and Hull-Dobbs included disclaimer clauses in their contracts with Moulton that purportedly disclaimed all implied warranties. On July 5, 1970, while driving westbound on Interstate 40, Moulton’s car suddenly veered to the right, jumped the guard rail, and fell twenty-six feet to a street below, allegedly due to a defect in the steering mechanism. Moulton suffered serious injuries. On May 13, 1971, more than a year after the purchase but less than a year after the accident, Moulton filed a complaint seeking $1,000,000 in damages on theories of negligence, breach of express and implied warranties, tortious misrepresentation based on public advertisement, and strict liability in tort. His wife, Pauline, also filed suit for loss of consortium based on the same facts and theories.
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