Hites

Bill Loeper Ford v. Hites

Good Law
121 Cal. Rptr. 131·1975 Cal. App. LEXIS 1070·47 Cal. App. 3d 828
Court of Appeal of CaliforniaApril 30, 1975Civ. 44387California3,089 words

Opinion

Opinion

Stephens, J.

This is an appeal from an order dismissing plaintiff Bill Loeper Ford’s complaint for indemnity against defendant Robert Hites. The complaint alleged that defendant had purchased a 1967 Ford Falcon sedan from plaintiff and that on or about February 2, 1968, the Falcon was involved in an automobile accident. As a result of the accident, two lawsuits were instituted against Loeper Ford and other defendants. The pleadings in these lawsuits indicate that the injured parties,' Danelaki and Antonopoulou, were sitting in the rear seat of defendant’s automobile when it was struck from the rear by another automobile driven by Barris. From what we can glean from the record of these cases, Hites was driving in the lane next to the “fast lane” on the Ventura Freeway at a speed of approximately 20 miles per hour when his car was struck by the car driven by Barris at a speed of approximately 55 miles per hour. As a result of the impact, the gasoline tank of the Falcon exploded, causing serious injuries to both passengers. They subsequently brought separate suits alleging negligence, breach of warranty, and strict liability in tort against the manufacturer of the Falcon, Ford Motor…

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