John J. Runnings v. Ford Motor Company, a Michigan Corporation

Good Law
461 F.2d 1145
United States Court of Appeals for the Ninth CircuitJuly 24, 197271-1555California1,602 words

Opinion

Opinion

Hamley, J.

John J. Runnings brought this diversity suit, arising in the State of Washington, against Ford Motor Company to recover damages for personal injuries suffered as the result of an alleged design defect in a 1961 Ford Econoline van. The ease was tried to a jury. At he close of all the evidence defendant moved to dismiss the action. The trial court granted the motion and dismissed the action with prejudice. Runnings appeals. We reverse.

We first summarize the evidence, viewed in the light most favorable to plaintiff. On August 8, 1966, while driving the Ford vehicle, with his wife, minor son and daughter as passengers, Runnings noticed that the gauges indicated that the engine was overheated. He therefore pulled the vehicle into a service station. Runnings and his son then ran cold water on the whole of the radiator to cool it before attempting to remove the radiator’s conventional cap.

On this particular model, the engine and radiator cap are located under a removable hood inside the cab between the driver’s seat and the passenger’s seat. The hood can be removed and the radiator cap taken off either while one remains seated in the cab, or by reaching in from the outside, but it is…

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