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Products Liability Keyed to Fischer, 6th Ed.
Vandermark v. Ford Motor Co.
Citation:
391 P.2d 168 (1964)Facts
In October 1958, Chester Vandermark purchased a new Ford automobile from Maywood Bell Ford, an authorized Ford dealer. About six weeks later, while driving on the San Bernardino Freeway with his sister Mary Tresham, Vandermark lost control of the car, which went off the highway and collided with a light post, causing serious injuries to both occupants. Vandermark had driven the car approximately 1,500 miles before the accident. He testified that the car operated normally except for one prior incident where he experienced braking issues but was able to regain control. After that incident, he took the car to Maywood Bell for regular 1,000-mile servicing. During the accident, Vandermark testified that the car began to shimmy and pull to the right, and when he applied the brakes, he couldn’t regain control. An expert witness testified that the accident was likely caused by a defect in the master cylinder assembly that caused the brakes to apply themselves.
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