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Legislative Process Keyed to Bressman, 4th Ed.
Rotche v. Buick Motor Co.
Citation:
193 N.E. 529 (1934)Facts
On August 13, 1929, Nathan Rotche purchased a new five-passenger Buick automobile from the Cicero Sales Company. Twenty-six days later, on September 8, while driving with his son, Rotche was involved in an accident when his car left the roadway after he applied the brakes. The car struck a concrete culvert, crossed a ditch, and came to rest in a field. Rotche suffered serious injuries to his left leg and foot, resulting in permanent disability. He claimed the accident was caused by a defect in the brake mechanism—specifically, an unspread cotter pin that allowed a clevis to work loose, causing the brake cable to detach. Buick presented evidence of multiple inspection procedures at both the factory and dealership levels, with employees testifying that all cotter pins were properly installed and clinched. Witnesses for Rotche testified about examining the car after the accident and finding missing or improperly secured cotter pins, though these examinations occurred weeks after the crash.
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