Self

I concur in the affirmance of the order granting a new trial. But, in my opinion, a new trial should not be necessary and the trial court’s order denying the motion for judgment notwithstanding the verdict should be reversed.

The majority opinion contains a scholarly and exhaustive analysis of the problems faced by a large affluent manufacturer in trying to protect itself against a jury simply awarding an injured plaintiff a large sum of money because of the manufacturer’s ability to pay regardless of any solid evidence of liability. One jury has already done that in this case. In fact, the majority clearly indicates, though not in so many words, that General Motors’ liability for this accident simply does not exist. They appear hopeful that a retrial will prove this to be the case.

The problem, as I see it, is that there is no guarantee that on a retrial, even under proper instructions, a similar miscarriage, but one that is beyond the power of the court to correct, will not occur. It is unjust to expose General Motors to such a hazard.

I agree that “a lawsuit is a poor way to design a motor vehicle,” but to permit this issue to go to a jury gives the jury the power to do so…

At 11 p.m. on 10 April 1968, Verne Prior, driving on U.S. 101 under the influence of alcohol and drugs at a speed of 65 to 85 *5 miles an hour, crashed his 1963 Chrysler into the left rear of a 1962 Chevrolet station wagon stopped on the shoulder of the freeway for a flat tire. In the crash the Chevrolet station wagon was knocked into a gully, its fuel tank ruptured, and the vehicle caught fire. Two of its occupants were killed, and two others, one of whom was plaintiff Christine Smith, a passenger in the front seat, sustained severe burn injuries.

Smith and others brought an action for personal injuries against Prior for negligent driving and against General Motors in negligence and strict liability for defective manufacture and defective design of the station wagon, in particular the welding of the fuel tank and its placement in the left rear fender section. Subsequent, to the jury’s verdict, which included damages of $350,000 for Smith against both defendants, the trial court denied General Motors’ motion for judgment notwithstanding the verdict, but granted its motion for a new trial because juror Spencer on voir dire concealed personal history and withheld opinions…

At 11 p.m. on 10 April 1968, Verne Prior, driving on U.S. 101 under the influence of alcohol and drugs at a speed of 65 to 85 miles an hour, crashed his 1963 Chrysler into the left rear of a 1962 Chevrolet station wagon stopped on the shoulder of the freeway for a flat tire. In the crash the Chevrolet station wagon was knocked into a gully, its fuel tank ruptured, and the vehicle caught fire. Two of its occupants were killed, and two others, one of whom was plaintiff Christine Smith, a passenger in the front seat, sustained severe burn injuries.

Smith and others brought an action for personal injuries against Prior for negligent driving and against General Motors in negligence and strict liability for defective manufacture and defective design of the station wagon, in particular the welding of the fuel tank and its placement in the left rear fender section. Subsequent to the jury's verdict, which included damages of $350,000 for Smith against both defendants, the trial court denied General Motors' motion for judgment notwithstanding the verdict, but granted its motion for a new trial because juror Spencer on voir dire concealed personal history and withheld…