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Torts Keyed to Henderson
Soule v. General Motors Corp.
Citation:
8 Cal. 4th 548, 882 P.2d 298, 34 Cal. Rptr. 2d 607 (1994)Facts
On January 16, 1984, the plaintiff was driving a 1982 Camaro, manufactured by the defendant, in the center lane of an arterial street. There was a slight drizzle, so the roads were wet, and the plaintiff was not wearing a seatbelt. A 1972 Datsun coming from the other direction skidded across the road, striking the plaintiff’s car in the area near the left front wheel. The vehicles’ combined closing speeds on impact were estimated to be between 30 and 70 miles per hour. The collision bend the Camaro’s frame and tore loose the bracket that attached the wheel to the frame, allowing the wheel to collapse backwards and smash the car’s floorboards into the plaintiff’s feet. This caused considerable damage to the plaintiff’s ankles, including a fused joint that permanently disallows the plaintiff from flexing her ankle. As a result, she is barely able to walk, and her condition is expected to deteriorate.
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