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Civil Procedure Keyed to Field
Wasik v. Borg
Citation:
423 F.2d 44 (2nd Cir. 1970)Facts
Albert Wasik was operating his vehicle in Rutland, Vermont when Robert Borg, driving a Ford station wagon, collided with the rear of Wasik’s automobile, causing personal injuries to Wasik and damage to his vehicle. Borg was a Maryland resident, establishing diversity jurisdiction. Borg filed a third-party complaint against Ford Motor Company, alleging the accident resulted from a dangerous defect in the vehicle’s design or manufacture that caused sudden, uncontrolled acceleration. Ford answered denying Borg’s claims and alleging contributory negligence. During trial, Wasik’s counsel cross-examined Borg as part of the main case, encouraging testimony about non-negligent operation and the vehicle’s sudden acceleration. The jury ultimately found that Borg was not negligent but that Ford was liable due to a manufacturing defect, awarding Wasik damages of $8,700.
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