8 The two requested instructions on design defect read: "A product is defective in design if the product has failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner. Nothing in this article shall be construed as making such a thing in action assignable.". Richard Grimshaw, age 37, and his 36-year-old wife, Nancy, were living in Jefferson County, Ohio with their three children - John W, age 6; Mathew, 3; and Sarah E., 6 months. "Nothing in this section shall be construed as making assignable things in action which are of such a nature as not to have been assignable prior to the enactment of the 1961 amendment to this section. (19 Cal.3d at p. 586, 139 Cal.Rptr. (Cortez v. Macias, 110 Cal.App.3d 640, 657, 167 Cal.Rptr. (Id., at p. 430, 143 Cal.Rptr. The court denied the motion for a mistrial but admonished plaintiffs' counsel that it would not hesitate to grant a mistrial if counsel did not "proceed with utmost care." This was also apparently how the Supreme Court viewed it in Schroeder. In determining whether an award of punitive damages is excessive, comparison of the amount awarded with other awards in other [119 Cal.App.3d 819] cases is not a valid consideration. " (Id., at p. 108, 95 Cal.Rptr. 547; Stencel Aero Engineering Corp. v. Superior Court, supra, 56 Cal.App.3d 978, 983, 128 Cal.Rptr. 863, 562 P.2d 1022, courts have uniformly allowed recovery for the "pecuniary value" of the loss of the society, comfort, care and protection offered by the deceased. 4, 171 Cal.Rptr. Finally, Ford maintains that even if punitive damages were appropriate in this case, the amount of the award was so excessive as to require a new trial or further remittitur of the award. (Barker v. Lull Engineering Co., supra, 20 Cal.3d 413, 435, 143 Cal.Rptr. (Rangel v. Graybar Electric Co., supra, 70 Cal.App.3d 943, 950, 139 Cal.Rptr. Ford argues that the Legislature was thinking in terms of traditional intentional torts, such as, libel, slander, assault and battery, malicious prosecution, trespass, etc., and could not have intended the statute to be applied to a products liability case arising out of a design defect in a mass produced automobile because neither strict products liability nor mass produced automobiles were known in 1872. In open court the judge sustained Ford's objection and admonished the jury to disregard the question and to draw no inferences from it. Assuming that enhancing the witness' credibility was not a valid independent basis for the court's ruling, the evidence was nevertheless admissible (1) because it went to the witness' qualification as an expert and (2) because it was relevant to the issue of malice on Grimshaw's claim for punitive damages. Neither decision, however, seems to have taken into account the fact that courts not only have the power but that it is their duty to set aside or modify "excessive" damage awards. Authorize the publication of the original written obituary with the accompanying photo. 719; Scotsman Mfg. den. The jury awarded Richard Grimshaw $125 million in punitive damages and $2.841 million in compensatory damages for injuries he suffered in the May 1972 accident. Tabulation of Grimshaw Obituaries and Death Notices. When you click on a listing you will enter the loved one's online memorial. Commander Wood served his country in the U.S. Navy for 20 years, retiring in 1976. Prepare a personalized obituary for someone you loved.. November 1, 1955 - 1258, 1262-1263 (hereafter Owen); Mallor & Roberts, Punitive Damages, Towards A Principled Approach, 31 Hastings L.J. Ford complains of instructional errors on design defect and superseding cause. All Rights Reserved. " ' (Clemmer v. Hartford Insurance Co. (1978) 22 Cal.3d 865, 877-878, 151 Cal.Rptr. 4, 149 Cal.Rptr. Exchange, supra, 21 Cal.3d 910, 927-928, 148 Cal.Rptr. Cross-examination of Mr. Tubben on the subject of compliance with federal emission controls tended to impeach his testimony that the Pinto met all federal regulations. In these conversations, both men expressed concern about the integrity of the Pinto's fuel system and complained about management's unwillingness to deviate from the design if the change would cost money. (3) Mr. Copp's Testimony Concerning Matters Relied Upon In Forming His Opinion: Ford complains that the court erroneously permitted Mr. Copp to testify on direct examination to the contents of the literature, reports and tests on which he relied in forming his opinions. 1862, ch. With heavy hearts, we announce the death of Richard A. Grimshaw of Walnutport, Pennsylvania, born in Ludlow, Massachusetts, who passed away on July 21, 2022 at the age of 66. A unique and lasting tribute for a loved one. ' "The right of counsel to discuss the merits of a case, both as to the law and facts, is very wide, and he has the right to state fully his views as to what the evidence[119 Cal.App.3d 799] shows, and as to the conclusions to be fairly drawn therefrom. Reports on the death related to the Pinto range from 27 to 500 deaths. Nor does "(t)he fact that an award may set a precedent by its size" in and of itself render it suspect; whether the award was excessive must be assessed by examining the circumstances of the particular case. can stop at any time. You may also light a candle in honor of . (Chaput) Grimshaw of Allentown and the late Henry J. Grimshaw, Sr. The anomaly of a wrongdoer being subject to punitive damages if he causes injury but not if he causes death was substantially ameliorated by the 1961 legislation providing for survival of punitive damage claims. I hope that will be the legacy of the Ford Pinto. 553, 413 P.2d 153, disapproved on other grounds, Neel v. Magana, Olney, Levy, Cathcart & Gelfand, 6 Cal.3d 176, 190-191, 98 Cal.Rptr. In Memoriams dating back to July, 2007. The report recommended, inter alia, deferral from 1974 to 1976 of the adoption of "flak suits" or "bladders" in all Ford cars, including the Pinto, in order to realize a savings of $20.9 million. 290, 299, 92 P. 733; 2 Wigmore, Evidence (Chadbourne Rev. 17 Exhibit 125 was the report by Ford engineers showing savings which would be realized by deferring design changes to the fuel system of Ford automobiles to meet the proposed governmental standards on the integrity of the fuel systems. First, the excluded study encompassed only a small number of collisions which resulted in Pinto fires, thus rendering the sampling open to misleading inferences. "This section is applicable where a loss or damage occurs simultaneously with or after the death of a person who would have been liable therefor if his death had not preceded or occurred simultaneously with the loss or damage. We dont celebrate toys with known choking hazards. (Georgie Boy Manufacturing Inc. v. Superior Court, 115 Cal.App.3d 217, 171 Cal.Rptr. We agree with Ford, however, that to be as accurate as possible, the rule should be expressed in terms of probability [119 Cal.App.3d 817] of injury rather than possibility. Comfort the family with flowers or a sympathy gift. 97, 565 P.2d 122, declined to accept the concept enunciated by the Massachusetts Supreme Court in Gaudette v. Webb (1972) 362 Mass. 499; Powers, A Guide to Interrogatories in California Practice, 48 So.Cal.L.Rev. No public calling hours. The family will receive friends at the funeral home on Thursday evening from 6:00 until 8:00 PM. Assuming that in the case at bar and upon issue joined upon all the allegations of the complaint, judgment had been rendered for the defendants, such judgment would be ineffectual as a plea in bar to an action against the same defendants for the same property brought by the administrator of the estate. (Owen, Punitive Damages in Products Liability Litigation, 74 Mich.L.Rev. The first instance pertained to a question propounded by the Grays' counsel to a highway patrol officer who investigated the accident as to whether he had ever seen a Pinto involved in an accident with a standard sized automobile and whether the Pinto burned. 5 Whether continuing interrogatories were then even proper in California appears to have been an open question. 30 There is a likelihood that the heirs would share in the personal representative's recovery of such damages. Initially, we note that Ford's proffered instruction was not "accurate and complete." [119 Cal.App.3d 833] The question is whether the statute is discriminatory because it denies the right to seek such damages to the class of heirs of which the Grays are members. on other grounds, 329 U.S. 187, 67 S.Ct. Ford has failed to demonstrate in either appeal that any errors or irregularities that may have occurred during the trial resulted in a miscarriage of justice. 865; Celli v. Sports Car Club of America, Inc., 29 Cal.App.3d 511. Tel: (740) 820-5195, 7408205195 411 U.S. 411 Canada Business Search People Search Reverse Phone Lookup Near My Current Location 411 U.S./ White Pages People Directory/ Ohio/ Minford/ Grimshaw/ Richard Grimshaw RichardGrimshaw (740) 820-5195 The related contention that application of Civil Code section 3294 to the instant case would violate the ex post facto prohibition of the federal Constitution because at the time it designed the 1972 Pinto Ford had no warning that its conduct could be punished under Civil Code section 3294 is equally without merit. 786, 520 P.2d 10.) 516, 485 P.2d 1132, quoting Lynch v. Spilman, 67 Cal.2d 251, 259, 62 Cal.Rptr. 29 However, resolution of the equal protection issue presented in this case does not require us to determine whether a rational basis can be found to explain the anomaly. The, The questions were arguably proper in both of the above-described instances. Nor did Ford make any objection during Mr. Rabin's closing argument on behalf of the Grays. Procedure (2d ed.) Fred passed away peacefully on August 11, 2019 at home with his family by his side, he was 71. Nor was the reduced award excessive taking into account defendant's wealth and the size of the compensatory award. Ford's instruction failed completely to take this major defect into account. "Evidence tends 'in reason' to prove a. Ford complains that since Mr. Copp was permitted to testify to the circumstances surrounding his termination, Ford was compelled to cross-examine him to show that the reason for his dismissal was unexplained absences from work and unsatisfactory work performance; that if the court had not permitted Mr. Copp to give his version of the reason for termination, Ford would have had little or no reason to examine him about his retirement and plaintiffs would not have been able to adduce rehabilitation testimony highly prejudicial to Ford. your email below for our complimentary daily grief messages. 14. 13 The 1980 revision of BAJI uses the expression "conscious disregard of the plaintiff's rights." 11 Section 3294 was amended in 1980 (Stats.1980, ch. We will respond within twenty-four hours. 858, 532 P.2d 1226. They argue that the 1961 amendments to the survival statute reflect a shift in state policy concerning the right of heirs to recover exemplary damages in wrongful death cases. 389, 582 P.2d 980; Rosener v. Sears, Roebuck & Co., 110 Cal.App.3d 740, 750-751, 168 Cal.Rptr. Besides his parents he was preceded in death by his daughter, Shannon Rae Grimshaw Ingram; one sister, Teresa Grimshaw; three brothers, Steve Grimshaw, David Grimshaw and Kenny Grimshaw; three grandchildren, Lauren Elizabeth Grimshaw, Tory Walker Ingram and Vanessa Shae Ingram. In light of the common law heritage of the principle embodied in Civil Code section 3294, 12 it must be construed[119 Cal.App.3d 810] as a "continuation" of the common law and liberally applied "with a view to effect its objects and to promote justice." 1979) 562(2), 655, pp. 225, 573 P.2d 443; emphasis supplied.). 321, 446 P.2d 129; Laird v. T. W. Mather, Inc., 51 Cal.2d 210, 219, 331 P.2d 617; Hope v. Arrowhead & Puritas Waters, Inc., 174 Cal.App.2d 222, 230, 344 P.2d 428.) His practice is devoted to consumer safety law and he has worked on thousands of products liability cases, vehicle accidents, catastrophic injuries, dangerous drugs and class action litigation matters. The Passages web site is intended for public use only. Send Flowers. The Pinto's rear structure also lacked reinforcing members known as "hat sections" (2 longitudinal side members) and horizontal cross-members running between them such as were found in cars of larger unitized construction and in all automobiles produced by Ford's overseas operations. Richard Grimshaw, 82, passed away on Sunday September 25, 2016 at Halifax Health Hospice in Port Orange. Sign up for service and obituary updates. 1, 609 P.2d 468. The able trial judge in the instant case did not permit the trial to degenerate into a free-for-all. 691; Pease v. Beech Aircraft Corp., supra, 38 Cal.App.3d 450, 459-460, 113 Cal.Rptr. Sign the Guest Book. (Dunwoody v. Trapnell, 47 Cal.App.3d 367, 369-370, 120 Cal.Rptr. There was indication that Ford's counsel knew as early as June 1977 that Mr. Copp might be a witness for plaintiffs. 19, 1973) 909.)" The trial court, however, did not base its decision solely on the ratio of punitive to compensatory. ), In Dawes v. Superior Court, supra, 111 Cal.App.3d 82, 88, 168 Cal.Rptr. Plaintiff's counsel (Mr. Hews) stated that he intended to call a former Ford employee but declined to reveal his identity except to the court outside the presence of defense counsel. No authorities are cited to support this contention and we find none. (Citations.) He lost portions of several fingers on his left [119 Cal.App.3d 774] hand and portions of his left ear, while his face required many skin grafts from various portions of his body. [119 Cal.App.3d 811] (2) Constitutional Attacks On Civil Code Section 3294: Ford's contention that the statute is unconstitutional has been repeatedly rejected. Ford made two objections to Robinson's argument. As she approached the Route 30 off-ramp where traffic was congested, she moved from the outer fast lane to the middle lane of the freeway. Ohjelman tuottaa Granada Television, joka on ITV1:n edustus Luoteis-Englannissa, ja sarjaa nytettiin aluksi vain siell.Koko maassa sit alettiin esitt toukokuussa . Mrs. Grimshaw was a native of Norwich. Richard A. Grimshaw, 66, of Walnutport, passed away Thursday, July 21, 2022 in his home. (E. g., Valente v. Sierra Railway Co., 158 Cal. To plant Memorial Trees in memory of Richard A. Grimshaw, please click here to visit our Sympathy Store. 382.) The court prefaced its specification of reasons with a recitation of the judicially established guidelines 16 for determining whether a punitive award is excessive. In deciding whether an award is excessive as a matter of law or was so grossly disproportionate as to raise the presumption that it was the product of passion or prejudice, the following factors should be weighed: The degree of reprehensibility of defendant's conduct, the wealth of the defendant, the amount of compensatory damages, and an amount which would serve as a deterrent effect on like conduct by defendant and others who may be so inclined. Lawrence Harold Grimshaw Obituary. See Evid.Code, 790, 791.). After his career in the Navy, Mr. Wood was appointed President of National College for Kentucky campuses. Ford contends that it was entitled to a judgment notwithstanding the verdict on the issue of punitive damages on two grounds: First, punitive damages are statutorily and constitutionally impermissible in a design defect case; second, there was no evidentiary support for a finding of malice or of corporate responsibility for malice. Section 2037.4 provides: "A party who is required to exchange lists of witnesses shall diligently give notice to the parties upon whom his list was served if, after service of his list he determines to call an expert witness not included in his list, and a party shall make available for deposition such expert witnesses as he has determined to call. Plaintiffs' counsel thereupon asked the witness whether he acknowledged that the following statement appeared in a governmental report: "On each occasion the Ford Pinto gas tank buckled and gas spewed forth. Finally, the differential housing selected for the Pinto had an exposed flange and a line of exposed bolt heads. In November 1971, the Grays purchased a new 1972 Pinto hatchback manufactured by Ford in October 1971. Leave your condolences to the family on this memorial page or send flowers to show you care. (See 4 Witkin, Cal. Ford's request for such an instruction was denied. ", Mr. Copp's testimony concerning management's awareness of the crash tests results and the vulnerability of the Pinto fuel system was corroborated by other evidence. Ford contends that the punitive award was statutorily unauthorized and constitutionally invalid. " (Cooper v. Bray, supra, 21 Cal.3d 841, 848, 148 Cal.Rptr. Richard was born in Grants on June 14, 1957, to Diego Baca and Margaret (Pena), the second youngest of nine children. (Aceves v. Regal Pale Brewing Co., supra, 24 Cal.3d 502, 507, 156 Cal.Rptr. (Mallor & Roberts, supra, 31 Hastings L.J. We have examined the record and find that in each of the instances of which Ford complains, the argument was within the bounds of propriety. 28 When life ends, as well as when it begins, has long been a controversial subject in legal and medical circles. Exchange, supra, 21 Cal.3d 910, 929, fn. Ford sought to introduce the evidence to show that proportionately the Pinto produced no greater chance of injury or death from fire than other vehicles. Although further crash tests may show that added structure alone is adequate to meet the 30 mph movable barrier requirement, provisions for flak suits or bladders must be provided. Jan. 1, 1981) to read: "(a) In an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant. Motors, 66 Cal.App.3d 481, 502, 136 Cal.Rptr. The Los Angeles Times said Richard Grimshaw's settlement is much less than the landmark $127.8 million in damages awarded him in 1978 by a Santa Ana jury in a product liability lawsuit against Ford. 1323.) (Chaput) Grimshaw of Allentown and the late Henry J. Grimshaw, Sr. A cause of action under the survival statute is separate and distinct from a cause of action for wrongful death under Code of Civil Procedure section 377. Jurisdiction: Service: A Celebration of Richards Life will be held at a later date. (Samter v. Klopstock Realty Co., supra, 31 Cal.App.2d 532, 535, 88 P.2d 250.) [119 Cal.App.3d 836] We conclude that whether or not it would be a denial of equal protection to preclude heirs of a decedent who died without a surviving claim for punitive damages from seeking such recovery, the class of heirs of which the Grays are members has not suffered a denial of equal protection by being barred from seeking punitive damages in a wrongful death action. It is always difficult saying goodbye to someone we love and cherish. Instead of showing that the punitive damage award was excessive, the comparison [119 Cal.App.3d 821] between the award and the maximum penalties under state and federal statutes and regulations governing automotive safety demonstrates the propriety of the amount of punitive damages awarded. , 369-370, 120 Cal.Rptr v. Beech Aircraft Corp., supra, 24 502! 8:00 PM admonished the jury to disregard the question and to draw no inferences it! Tuottaa Granada Television, joka on ITV1: n edustus Luoteis-Englannissa, sarjaa. V. Lull Engineering Co., supra, 38 Cal.App.3d 450, 459-460, 113 Cal.Rptr it begins, has been. 74 Mich.L.Rev p. 733 ; 2 Wigmore, Evidence ( Chadbourne Rev his career in the instant did... Aircraft Corp., supra, 111 Cal.App.3d 82, 88 P.2d 250 )... On Thursday evening from 6:00 until 8:00 PM appears to have been open. P.2D 1132, quoting Lynch v. 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