The authors advocate abandonment of the rule that a reasonable relationship must exist between punitive damages and actual damages. At an April 1971 product review meeting chaired by Mr. MacDonald, those present received and discussed a report (Exhibit 125) prepared by Ford engineers pertaining to the financial impact of a proposed federal standard on fuel system integrity and the cost savings which would accrue from deferring even minimal "fixes." Find an Obituary. 568, 496 P.2d 480.). 521, 447 P.2d 913, overruled on other grounds in People v. Green, supra, 27 Cal.3d 1, 33, 164 Cal.Rptr. ' " (People v. Beivelman, 70 Cal.2d 60, 76-77, 73 Cal.Rptr. By its failure to object to the in camera proceeding, or to the court's consideration of matters revealed in camera, or to request an opportunity to respond thereto, Ford waived its right to assert that the proceedings were improper. [119 Cal.App.3d 813] The power to grant such a motion is identical to the power to grant a directed verdict; the judge cannot weigh the evidence or assess the credibility of witnesses; if the evidence is conflicting or if several reasonable inferences may be drawn, the motion should be denied; the motion may be granted ' " 'only if it appears from the evidence, viewed in the light most favorable to the party securing the verdict, that there is no substantial evidence to support the verdict.' The question before us is whether a law which denies to heirs of a decedent who died with a claim for punitive damages extant the right to recover such damages in a wrongful death action violates equal protection guarantees. 56.). Obituary, published on: April 23, 2011; JANMAN, STAN. (Egan v. Mutual of Omaha Ins. The verdict was by no means excessive as a matter of law and Ford does not so contend. Grimshaw was critically burned over 90 percent of his body 10 years ago when the Pinto in which he was a passenger was involved in a collision near Bakersfield. ", "In determining whether the automobile involved in this case was defective, you may consider (the extent to which) (whether) its design and manufacture matched the average quality of other and (the extent to which) (whether) its design and manufacture deviated from the norm for automobiles designed and manufactured at the same point in time.". 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. However, there was other documentation which illustrated the fact that cost considerations caused Ford to delay incorporating safety features in the fuel tank system of its cars despite the knowledge that there was a need for such improvements. 332, 426 P.2d 900, cert. In many of the examples cited, Ford interposed no objections; in others, the court sustained Ford's objections. It was later learned that the stalling and excessive fuel consumption were caused by a heavy carburetor float. He will be missed by many other family members and friends. Plaintiffs objected on the ground that Ford had the opportunity in the course of pretrial discovery to seek the identity of plaintiffs' experts and to depose them and that to permit depositions to be taken at that stage of the proceedings would interrupt the trial unduly. 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. Co., 54 Cal.App.3d 331, 341-345, 126 Cal.Rptr. We find the contention to be without merit. 1 On Ford's motion for a new trial, Grimshaw was required to remit all but $3 1/2 million of the punitive award as a condition of denial of the motion. 1258, 1262-1263 (hereafter Owen); Mallor & Roberts, Punitive Damages, Towards A Principled Approach, 31 Hastings L.J. can stop at any time. 770. She first married Cecil Zilch on May 11, 1953 in Bellevue. For all of the reasons stated in our opinion on Ford's appeal from the Grimshaw judgment, Ford's attacks upon the Grays' judgment must fail. Copyright 2023 United Press International, Inc. All Rights Reserved. Ford is, therefore, precluded from raising the contentions of misconduct unless they were such as could not have been cured by an admonition. The Grays have cross-appealed from the judgment and from an order denying leave to amend their complaint to seek punitive damages. There was no celebration for Mr. Grimshaw or his family. [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. Ford urges that a report (Exhibit No. Hews, Munoz & Howard, Inc., Arthur N. Hews, Santa Ana, Horvitz, Greines & Poster, Ellis J. Horvitz, Michelle Van Cleave, Encino, and Gerald H. B. Kane, Jr., Redondo Beach, for plaintiff and appellant Richard Grimshaw. He exercised firm and fair control over the conduct of the trial, made prompt evenhanded rulings on objections, admonished counsel when necessary, and constantly reminded the jury that what counsel said was not evidence. Apr 13, 1923 - Apr 17, 2011 A longtime resident of Syracuse, NY Richard and his family moved to this area in 1963. Bar Supp. 197.) (Salmon v. Rathjens, supra, 152 Cal. Plaintiffs were the surviving husband and two minor daughters, ages 12 and 13, who had been adopted by the couple at birth. In a strict products liability case, industry custom or usage is irrelevant to the issue of defect. 721, 394 P.2d 561, cert. The trial court, however, did not base its decision solely on the ratio of punitive to compensatory. Authorize the publication of the original written obituary with the accompanying photo. 184, 529 P.2d 608; Leming v. Oilfields Trucking Co., supra, 44 Cal.2d 343, 355-356, 282 P.2d 23; Crane v. Smith, 23 Cal.2d 288, 302, 144 P.2d 356.) "Only the most persuasive reasons justify handcuffing attorneys in the exercise of their advocacy within the bounds of propriety." 1862, ch. 622, 523 P.2d 662. "To meet 30 mph movable barrier requirements, original fuel system integrity program assumptions provided for relocation of the fuel tanks to over the axle on all car lines beginning in 1974. Here, the judge, exercising his independent judgment on the evidence, determined that a punitive award of 3 1/2 million dollars was "fair and reasonable." 681, 534 P.2d 377, 74 A.L.R.3d 1282.)" In the absence of an objection and a request for admonition where an admonition would have cured the harm, the issue may not be raised on appeal. 319, this court noted that "since 1974 at the latest, and probably since a much earlier date, the term 'malice' as used in Civil Code section 3294 has been interpreted as including a conscious disregard of the probability that the actor's conduct will result in injury to others." Her passenger, Richard Grimshaw, was burned over 90 percent of his body but survived;. 300, 376 P.2d 300.) 1616 (Exhibit No. This was also apparently how the Supreme Court viewed it in Schroeder. Discovery Practice (Cont. 4, 171 Cal.Rptr. 45, 507 P.2d 653; Cope v. Davison, 30 Cal.2d 193, 203, 180 P.2d 873.) One of his attorneys said Grimshaw, who studied music briefly, has been helping music groups make records. He was a member of the Kingdom Hall of Jehovah's Witnesses. Discovery, 5.12, p. (See Toole v. Richardson-Merrell, Inc., supra, 251 Cal.App.2d 689, 713, 60 Cal.Rptr. Read more on Closer online. We find that contention equally lacking in merit. Share Obituary. LOS ANGELES -- A man who battled Ford Motor Co. for 10 years in a Pinto gas tank explosion case secretly ended the case a year ago by accepting a $6.6 million out-of-court settlement, it was reported Wednesday. 78.) 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. OBITUARY Richard F Grimshaw 19 July, 1934 - 25 September, 2016. In addition, the Pinto was designed so that its bumper was little more than a chrome strip, less substantial than the bumper of any other American car produced then or later. The court also instructed the jury that plaintiff Grimshaw had the burden of proving "(t)hat the defendant acted with malice which may be inferred from defendant's conduct if the conduct was wilful, intentional and done in conscious disregard of its possible result.". (Mendelsohn v. Anaheim Lighter Co., 40 Cal. There was nothing carefree about the victims of Pinto explosions and fires. (D'Amico v. Board of Medical Examiners,[119 Cal.App.3d 786] 11 Cal.3d 1, 19, 112 Cal.Rptr. A unique and lasting tribute for a loved one. (Georgie Boy Manufacturing Inc. v. Superior Court, 115 Cal.App.3d 217, 171 Cal.Rptr. F-1 (1961).) 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. In In re Paris Air Crash, supra, at page 1321, the court distinguished Brown v. Merlo, supra, 8 Cal.3d 855, 106 Cal.Rptr. 30 There is a likelihood that the heirs would share in the personal representative's recovery of such damages. The Dignity Memorial brand name is used to identify a network of licensed funeral, cremation and cemetery providers that include affiliates of Service Corporation International, 1929 Allen Parkway, Houston, Texas. It is true that our Supreme Court in Justus v. Atchison, 19 Cal.3d 564, 571-575, 139 Cal.Rptr. The seam separation was occasioned by the lack of reinforcement in the rear structure and insufficient welds of the wheel wells to the floor pan. 319, hg. Richard Grimshaw lives on High St in Minford, Ohio. 306; Toole v. Richardson-Merrell Inc., 251 Cal.App.2d 689, 713-714, 60 Cal.Rptr. 132; Wetherbee v. United Ins. 29 Both Georgie Boy Manufacturing, Inc. v. Superior Court, supra, 115 Cal.App.3d 217, 171 Cal.Rptr. Thus, the Klopstock rationale is inapposite to the validity of the trial court's order denying the Grays' motion to amend the wrongful death cause of action to seek punitive damages. Ford contends that Grimshaw's counsel improperly stated, contrary to the evidence. He was born in Rochester and worked for the Syracuse Bus Co. prior to his . Here is Richard Grimshaw Sr.'s obituary. "(2) 'Oppression' means subjecting a person to cruel and unjust hardship in conscious disregard of that person's rights. Management's Decision To Go Forward With Knowledge Of Defects: The idea for the Pinto, as has been noted, was conceived by Mr. Iacocca, then Executive Vice President of Ford. 713, 718, 106 P. Send a note, share a story or upload a photo. (Steed v. Imperial Airlines, 12 Cal.3d 115, 123-124, 115 Cal.Rptr. We find nothing approaching the egregious conduct of counsel or lack of courtroom control by the judge that occurred in Love v. Wolf, 226 Cal.App.2d 378, 38 Cal.Rptr. 416; Rupp v. Summerfield, 161 Cal.App.2d 657, 667, 326 P.2d 912.). As stated in Toole v. Richardson-Merrell Inc. (1967) 251 Cal.App.2d 689, 713, 60 Cal.Rptr. 416.) "In an action brought under this section against an executor or administrator all damages may be awarded which might have been recovered against the decedent had he lived except damages awardable under Section 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant. Procedure (2d ed.) Lilly Gray, the driver of the Pinto, suffered fatal burns and 13-year-old Richard Grimshaw, a passenger in the Pinto, suffered severe and permanently disfiguring burns on his face and entire body. We naturally romanticize the nostalgia of our first car and our first taste of freedom. Obituary for Richard E. Grimshaw, Sr. | Richard Emlyn Grimshaw, age 72 of Bremen, passed away on Monday, April 15, 2019. 770.) Those precepts perforce are applicable to a civil case. 585, 605.) Significantly Ford does not now complain of the court's rulings in connection with its motion for a mistrial. 731. Following Mr. Cox' argument on behalf of Ford, Mr. Robinson made the rebuttal argument for plaintiff Grimshaw. 711, 521 P.2d 1103; Donnelly v. Southern Pacific Co., 18 Cal.2d 863, 869-870, 118 P.2d 465; Nolin v. National Convenience Stores, Inc., 95 Cal.App.3d 279, 285-286, 157 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." He was an avid bowler and golfer. Mr. Hews expressed fear that if the names of the witnesses were revealed they might not be available as plaintiffs' witneses. The Grays advance three theories on which they predicate their arguments that denial of leave to amend constituted prejudicial error: (1) Because the executor or administrator of Mrs. Gray's estate could have sought punitive damages in an action under Probate Code section 573, the fact that the heirs, rather than the personal representative, were attempting to recover punitive damages was merely a technical irregularity which should have been disregarded in the interest of justice; (2) the California rule barring recovery of punitive damages in wrongful death actions is the product of an erroneous interpretation of the pertinent statutes; and (3) to the extent that the California statute prohibits heirs from recovering punitive damages, it is violative of the equal protection clauses of the state and federal Constitutions. 511; Swartzman v. Superior Court, 231 Cal.App.2d 195, 204, 41 Cal.Rptr. Ford's reliance on Self v. General Motors Corp., 42 Cal.App.3d 1, 116 Cal.Rptr. 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