Ford Motor Company and Eby Ford Lincoln Mercury a/k/a Eby Ford ...

Source: www.in.gov
Topic: Ford

Short Desciption:
the warnings or the owners manual negated proximate cause an essential element of her claim. The trial court entered an order denying Eby and Ford Motors ...

 

Content Inside:
Ford Motor Company and Eby Ford Lincoln Mercury a/k/a Eby Ford Sales Inc. v. Marilyn RushfordPage 1ATTORNEYS FORAPPELLANTSATTORNEY FORAPPELLEEEric A. RiegnerMark J. PiaseckiNelson D. Alexander South Bend Indiana Locke Reynolds LLP Indianapolis Indiana __________________________________________ ____________________________________ In the Indiana Supreme Court _________________________________ No. 20S030610CV350 FORD MOTOR COMPANY AND EBY FORDLINCOLN MERCURY A/K/A EBY FORD SALES INC. Appellants (Defendants below) v. MARILYN RUSHFORD Appellee (Plaintiff below). _________________________________ Appeal from the Elkhart Superior Court No. 20D010404CT296 The Honorable L. Benjamin Pfaff Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals No. 20A030506CV293 _________________________________ June 29 2007 Rucker Justice. Page 2Summary A retail merchant has a duty to warn a buyer of the danger posed by a product it sells. However absent special circumstances not present in this case if the manufacturer provides adequate warnings of the danger of the product and the seller passes these warnings along to the buyer or consumer then the seller has discharged its duty to warn.Facts and Procedural History In May 2002 along with her husband then seventyyearold Marilyn Rushford purchased a new 2002 Ford Focus Wagon from Eby Ford Lincoln Mercury a/k/a Eby Ford Sales Inc. (Eby). When the couple bought the car Rushford informed the Eby salesperson that she had never driven an automobile. The car contained the following warning that was visible when the passenger side visor was placed in the down position: ! WARNING DEATH or SERIOUS INJURY can occur Children 12 and under can be killed by the air bag The BACK SEAT is the SAFEST place for children NEVER put a rearfacing child seat in the front Sit as far back as possible from the air bag ALWAYS use SEAT BELTS and CHILD RESTRAINTS Appellants App. at 29. The warning inc ...

 

 

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