McCulloch

McCulloch v. Ford Dealers Advertising Assn.

Good Law
1991 Cal. App. LEXIS 1218·234 Cal. App. 3d 1385·286 Cal. Rptr. 223·91 Daily Journal DAR 12265·91 Cal. Daily Op. Serv. 8066
Court of Appeal of CaliforniaOctober 3, 1991E008114California2,346 words

Opinion

Opinion

Ramirez, J.

Plaintiff Edwin D. McCulloch appeals from a judgment entered following grant of the motion for summary judgment brought by defendant Ford Dealers Advertising Association of Southern California (Association). On appeal, plaintiff claims that the trial court erred when it determined as a matter of law that the presence of the Ford logo on promotional material for a drag race did not constitute an assertion by the Association that the statements on the promotional material were true, and that the Association was therefore not liable to plaintiff for negligent misrepresentation. We affirm.

Facts

On May 11, 1987, plaintiff filed a complaint for damages against, among many others, Pioneer Take-Out Corporation; Network Enterprises, Inc.; R. C. “Chuck” Foster; the Seven-Up Company; Ford Motor Company; Suzuki; Miller Brewing Company; the County of San Bernardino; and respondent in this appeal, the Association.

In the complaint plaintiff alleged that defendants Pioneer Take-Out Corporation (Pioneer), Network Enterprises, Inc. (Network), and R. C. “Chuck” Foster (Foster) had undertaken to stage and promote a car race at Glen Helen Park in San Bernardino County. The promotional…

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