Those were proper considerations for determining whether the award was excessive as a matter of law. Honorary pallbearers will be the Bottoms Hunting Club. (Cal. The Los Angeles Times said Richard Grimshaw's settlement is much less than the landmark $127.8 million in damages awarded him in 1978 by a Santa Ana jury in a product liability lawsuit against. In the ensuing analysis (ad nauseam) of Ford's wideranging assault on the judgment, we have concluded that Ford has failed to demonstrate that any errors or irregularities occurred during the trial which resulted in a miscarriage of justice requiring reversal. Ford cites five such instances: Testimony concerning examples of vehicles meeting a 50-mile-per-hour moving barrier test without fuel tank rupture and fire; testimony that field reports proved over-the-axle fuel tank position to be superior in design; testimony about a proposal United States Steel Co. made to Ford concerning a bladder within a tank; testimony that he based his opinion that a bladder within a tank was feasible in 1969 and 1970 on the fact that Ford had started. 197; Merlo v. Standard Life & Acc. Following a six-month jury trial, verdicts were returned in favor of plaintiffs against Ford Motor Company. With heavy hearts, we announce the death of Richard A. Grimshaw of Walnutport, Pennsylvania, born in Ludlow, Massachusetts, who passed away on July 21, 2022 at the age of 66. (Sabella v. Southern Pac. Co. v. Superior Court, 242 Cal.App.2d 527, 530-532, 51 Cal.Rptr. 389, 582 P.2d 980; Schroeder v. Auto Driveaway Co., 11 Cal.3d 908, 922-923, 114 Cal.Rptr. den. Loving Grandfather to Heather (Sam) Baker, Krystina and Zachary Woelkers, Richard IV and Alexis Grimshaw, Amanda, Briana and Cameron Lack. ), The interpretation of the word "malice" as used in section 3294 to encompass conduct evincing callous and conscious disregard of public safety by those who manufacture and market mass produced articles is consonant with and furthers the objectives of punitive damages. (Estate of McDill, 14 Cal.3d 831, 839, 122 Cal.Rptr. The 1961 legislation thus created two classes of heirs in wrongful death actions: (1) Heirs whose decedent had a claim for punitive damages at death and (2) heirs whose decedent died without a surviving claim for such damages. The court then observed that there was evidence in the record (referring to Exhibit 125) which might provide a possible rational basis for the 125 million dollar jury verdict which would dispel any presumption of passion. (Aceves v. Regal Pale Brewing Co., supra, 24 Cal.3d 502, 507, 156 Cal.Rptr. Finally, the rationale of danger of excessive punitive damages is difficult to square with the legislation providing for survival of a punitive damage claim enforceable by the personal representative and the joinder of such action with a wrongful death action or consolidation of the actions under the two statutes if they were separately filed. Motors, 66 Cal.App.3d 481, 502, 136 Cal.Rptr. Ford therefore cannot complain of the failure to instruct on the risk-benefit test. Grimshaw also contends that the order granting a new trial was invalid for lack of adequate specification of reasons. 319, recently decided by this court, for its authority. 218.) (Stencel Aero Engineering Corp. v. Superior Court, supra, 56 Cal.App.3d 978, 987-988, 128 Cal.Rptr. The able trial judge in the instant case did not permit the trial to degenerate into a free-for-all. 1227, 1369. Grimshaw (by his guardian ad litem) and the Grays sued Ford and others. Applying the foregoing criteria to the instant case, the punitive damage award as reduced by the trial court was well within reason. 1323.) True, such damages are in a sense a windfall to the plaintiff's heirs or devisees, but since these damages are not compensatory in nature, they would have constituted a windfall to the decedent as well. 1271, 63 L.Ed.2d 597.) 197.) Co. (1946) 28 Cal.2d 282, 284, 169 P.2d 909, quoting Hauter v. Zogarts (1975) 14 Cal.3d 104, 110-111, 120 Cal.Rptr. 389, 582 P.2d 980.) Here the court refused Ford's version of a superseding cause instruction but gave its own which adequately covered the subject. 1288-1289; Mallor & Roberts, supra, pp. 1, 609 P.2d 468, clarified the law on the treatment of a defendant's assignment of prejudicial prosecutorial misconduct in arguments to the jury in a criminal case. 13, 118 Cal.Rptr. She had worked full time and had been earning at least $20,000 a year as of the date of trial. 770. On remand, plaintiff moved to file an amended complaint naming the personal representative of the estate as the party plaintiff. Grimshaw was awarded $2,516,000 compensatory damages and $125 million punitive damages; the Grays [119 Cal.App.3d 772] were awarded $559,680 in compensatory damages. The question before us is not whether our wrongful death statute offends equal protection guarantees because it denies heirs generally the right to seek punitive damages in a wrongful death action. 28 (See Stencel Aero Engineering Corp. v. Superior Court, supra, 56 Cal.App.3d 978, 987-988, 128 Cal.Rptr. Our Supreme Court has refrained from selecting a linguistic formulation from among the various alternatives for expressing this standard, declaring that they all require " 'the court to conduct a serious and genuine judicial inquiry into the correspondence between a classification and the legislative goals.' There were sufficient bases for the court's implied determination that the questions were not asked in bad faith and that the admonitions to the jury would avoid the harmful effect of the questions. 470.) 388, 506 P.2d 212.) Leave a memory or share a photo or video below to show your support. In addition, the surviving heirs lost the comfort and society of a devoted wife and mother. Thank you. The expert invites investigation into the extent of his knowledge, the reasons for his opinion including facts and other matters upon which it is based (Code Civ.Proc., 1872), and which he took into consideration; and he may be " subjected to the most rigid cross examination" concerning his qualifications, and his opinion and its sources (citation omitted).' Would you like to offer Richard A. Grimshaws loved ones a condolence message? 387, 66 L.Ed.2d 237.) The Passages web site is intended for public use only. (Id.) Plaintiffs' counsel thereupon asked the witness whether he acknowledged that the following statement appeared in a governmental report: "On each occasion the Ford Pinto gas tank buckled and gas spewed forth. It made that assessment in ruling on the motion for a mistrial and later in passing on Ford's motion for a new trial in which one of the grounds was the asserted misconduct of counsel in violating the order in limine. In every action under this section, such damages may be given as under all the circumstances of the case, may be just, but shall not include damages recoverable under Section 956 of the Civil Code. (Id., at p. 34, 164 Cal.Rptr. (Id., at p. 279, 109 Cal.Rptr. [119 Cal.App.3d 812] (Toole v. Richardson-Merrell Inc., supra, 251 Cal.App.2d 689, 60 Cal.Rptr. 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. While Lily Gray died a few hours later, Richard Grimshaw underwent many surgeries and eventually survived. Funeral Time: Saturday, November 27th at 2:30PM WOOD, Richard Grimshaw, Cdr. It has been said that interrogatories should not be permitted to be used as a trap "pinning a party for all times to an answer intended to reflect. Nothing in this article shall be construed as making such a thing in action assignable.". California follows the Restatement rule that punitive damages can be awarded against a principal because of an action of an agent if, but only if, " '(a) the principal authorized the doing and the manner of the act, or (b) the agent was unfit and the principal was reckless in employing him, or (c) the agent was employed in a managerial capacity and was acting in the scope of employment, or (d) the principal or a managerial agent of the principal ratified or approved the act.' 337.) During the course of the project, regular product review meetings were held which were chaired by Mr. MacDonald and attended by Mr. Alexander. 6 Witkin, Cal. (Horn v. Atchison, T. & S. F. Ry. Mr. Copp's testimony concerning the emission control matter tended to rebut Ford's evidence that Mr. Copp was fired for absenteeism and unsatisfactory performance. Since we find no error in the court's initial ruling and since Ford has not advanced any independent reason why the rehabilitating evidence should have been excluded, Ford's complaint concerning the prejudicial nature of that evidence must be rejected. 388, 506 P.2d 212, that a rational basis for the guest statute was the protection of a generous host from an ungrateful guest or the prevention of collusive lawsuits. (Cal.Const., art. Ford also contends that its offer to prove that Mr. Freers, Ford's chief light car engineer, purchased a Pinto for his family when the Pinto first went on the market was erroneously refused. 389, 582 P.2d 980), different considerations bear upon the adequacy of the reasons where the amount of punitive rather than compensatory damages is the primary concern. He was born in Watertown, NY to George and Harriet (Samuels) Grimshaw and honorably served in the U. S. Air Force. As to the second alleged misconduct relating to the order in limine, the question arguably may have been within the scope of proper cross-examination of the adverse expert witness but there is no doubt that failure to approach the bench before asking the question violated the ground rule which had been clarified after the first incident. We are unpersuaded. Ford agreed to disclose the identity of the person who developed the report and to permit him to be deposed if it decided to call him as a witness and the court so ordered. When the Legislature enacted Probate Code section 573 in 1961, it must be presumed to have been aware of the long-standing judicial interpretation of our wrongful death statute. "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. The judge sustained Ford's objection, denied the motion for mistrial, and admonished the jury that the question was not evidence and that both question and answer should be disregarded. Make a life-giving gesture (Emphasis supplied.) 519, 521-522, 75 P. 104; Intoximeters, Inc. v. Younger, 53 Cal.App.3d 262, 273, 125 Cal.Rptr. The United States Ninth Circuit Court of Appeals found what it considered to be several rational bases for the legislative classification. Discovery, 5.12, p. The present case comes within one or both of the categories described in subdivisions (c) and (d). The contention mistakes the significance of Klopstock, supra, 17 Cal.2d 13, 108 P.2d 906. 575.) Family and friends must say goodbye to their beloved Richard Grimshaw Sr. (Bremen, Georgia), who passed away at the age of 72, on April 15, 2019. (Barker v. Lull Engineering Co., supra, 20 Cal.3d 413, 434, 143 Cal.Rptr. 319; Nolin v. National Convenience Stores, Inc., supra, 95 Cal.App.3d 279, 285-286, 157 Cal.Rptr. It took into account the ratio, the "aggravating circumstances" (the degree of reprehensibility), the wealth of the defendant and its profit generating capacity, the magnitude of the punitive award, including the amount by which it exceeded the compensatory. "The rules circumscribing the power of a trial judge to grant a motion for judgment notwithstanding the verdict are well established. This site is provided as a service of SCI Shared Resources, LLC. 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. Richard Grimshaw, 67 Also known as Rick Grimshaw Dick Grimshaw Has lived in Barto, PA Columbia, SC Mertztown, PA Emmaus, PA Related to Shayna Hastings, 43 Russell Lickfield, 32 Ian Grimshaw, 45 Justin Grimshaw, 39 View Profile Richard Grimshaw Deceased Also known as Richard L Grimshaw Has lived in Ayer, MA Alcester, SD Omaha, NE Related to Ford contends that it was entitled to a judgment notwithstanding the verdict on the issue of punitive damages on two grounds: First, punitive damages are statutorily and constitutionally impermissible in a design defect case; second, there was no evidentiary support for a finding of malice or of corporate responsibility for malice. Moreover, at the very least since Toole v. Richardson-Merrell Inc., supra, (1967) 251 Cal.App.2d 689, 60 Cal.Rptr. ' " (People v. Beivelman, 70 Cal.2d 60, 76-77, 73 Cal.Rptr. HOGG, RICHARD. Procedure (2d ed.) den. Ford contends that plaintiffs' counsel violated that order on two occasions and that the court erred in denying Ford's motion for a mistrial for those violations. Oct. 1979) 8.22, p. The award was so big that it even stunned attorneys for the plaintiff who won it: Richard Grimshaw, now 19 years old who was burned over 90% of his body and lost his nose, left ear and much of. Richard L Jr, January 26, 2017, Age 80 13 The phrase "wilful, intentional and done in reckless disregard of its possible results" used in former BAJI 14.71 seems to have made its first appearance in Toole v. Richardson-Merrell Inc., supra, 251 Cal.App.2d 689, 713, 60 Cal.Rptr. He was baptist by faith. Wood was awarded many commendations for dedicated service to the Navy and his country. Apr 13, 1923 - Apr 17, 2011 At worst, the natural result of reckless corporate greed. (Neal v. Farmers Ins. He was an avid bowler and golfer. The Pinto crash tests results had been forwarded up the chain of command to the ultimate decision-makers and were known to the Ford officials who decided to go forward with production. We will respond within twenty-four hours. Evidence, 1276, p. 1180; Jefferson, Cal. Share Obituary. He lost portions of several fingers on his left [119 Cal.App.3d 774] hand and portions of his left ear, while his face required many skin grafts from various portions of his body. All Rights Reserved. (Moore v. Belt, 34 Cal.2d 525, 532, 212 P.2d 509; Salmon v. Rathjens, 152 Cal. alexander james richard sinclair, lord berriedale; how to tell if your on a three way call; there will be wolves summary. Mr. Grimshaw was a loving husband of 55 years, father, grandfather and great grandfather. Search funeral notices in Wales featuring the Daily Post, South Wales Evening Post, South Wales Echo, Western Mail and Wales Online, on the much loved tribute site funeral-notices.co.uk, where you can search the latest death notices, find local funeral announcements and view upcoming funeral times It is precisely because monetary penalties under government regulations prescribing business standards or the criminal law are so inadequate and ineffective as deterrents against a manufacturer and distributor of mass produced defective products that punitive damages must be of sufficient amount to discourage such practices. 858, 532 P.2d 1226. Indeed, argument of counsel on both sides made it clear that the only "defects" referred to in the instruction on superseding cause were those involving the gasoline tank and rear structure of the vehicle, not the carburetor. In Schroeder, the Supreme Court approved the Toole expression of the kind of behavior which would support a punitive award, stating: "But 'intent,' in the law of torts, denotes not only those results the actor desires, but also those consequences which he knows are substantially certain to result from his conduct. In Self, the trial court failed to give any instruction on superseding cause and the reviewing court held that the failure to give the superseding cause instruction proffered by the defendant was error. Exchange, supra, 21 Cal.3d 910, 929, fn. Furthermore, the reliability of the field reports from which the data were extracted and fed into the computer was questionable both because of the lack of adequate instruction concerning the information requested as well as the absence of any check on the accuracy of the information provided. He was born September 3, 1934 in Gardiner, ME to the late Ralph and Carolyn Wood. He added that all parties agreed not to dis:lose terms of the settlement. He married Nancy Ann Rickett on August 25, 1842 in Carroll County, Ohio.Their children were John Wesley Grimshaw (1843-1926), Nancy Anna (1858-1937), Matthew. 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. Thank you. 1616, as Ford conceded, resulted in a puncture of the fuel tank from the exposed bolt heads on the differential housing. 125 was a report presented at a Ford production review meeting in April 1971, recommending action to be taken in anticipation of the promulgation of federal standards on fuel system integrity. 759-760, 884-886.) This contention runs counter to our decisional law. In at least one test, spilled fuel entered the driver's compartment through gaps resulting from the separation of the seams joining the real wheel wells to the floor pan. 488, 535 P.2d 352) which are manifestly inapposite. 733.) Richard was born in Grants on June 14, 1957, to Diego Baca and Margaret (Pena), the second youngest of nine children. Welcome to our list of Alberta obituaries and death notices. Grimshaw contends that the court erred in determining that the ratio of punitive to compensatory damages rendered the punitive excessive as a matter of law. 553, as follows: "But where the trespass is committed from wanton or malicious motives, or a reckless disregard of the rights of others, or under circumstances of great hardship or oppression, the rule of compensation is not adhered to, and the measure and amount of damages are matters for the jury alone. 237; Little v. Sturyvesant Life Ins. 681, 534 P.2d 377, 74 A.L.R.3d 1282.)" Visitation: Kaul Funeral Home 20433 Jefferson, St. Clair Shores 48081, Sunday 3-8. 398; see Bertero v. National General Corp., supra, 13 Cal.3d 43, 66 fn. He testified that management's decision was based on the cost savings which would inure from omitting or delaying the "fixes. Dear Brother of Shirley (William) Paret, William (Pat) Grimshaw, and Nancy (Roger) Ulrich. 6, 13; Cucinella v. Western Biscuit Co., 42 Cal.2d 71, 82, 265 P.2d 513; Popejoy v. Hannon, 37 Cal.2d 159, 168-169, 231 P.2d 484; Kostecky v. Henry, 113 Cal.App.3d 362, 374, 170 Cal.Rptr. This was also apparently how the Supreme Court viewed it in Schroeder. Ry. (1) Rulings Pertaining To Copp's Identity And Requests To Depose Him: After trial had been under way for a month, defense counsel made an oral motion for the disclosure of the identity of "any disgruntled Ford employee or former employee" whom plaintiffs intended to call as a witness and for the opportunity to depose him before he was called as a witness. 218, which criticized the use of the term "reckless" in defining malice and suggested that "conscious disregard" would be a more accurate expression of the required state of mind. 859), to grant the heirs an additional, separate and independent right to recover punitive damages in a wrongful death action would permit double punishment for the same tortious conduct and could also lead to double recovery of punitive damages by the heirs. Richard Grimshaw, 82, passed away on Sunday September 25, 2016 at Halifax Health Hospice in Port Orange. 653.) 568, 496 P.2d 480.) Do Not Sell or Share My Personal Information. Although still based heavily on judgment, Chassis Engineering currently estimates that the 30 mph movable barrier requirement is achievable with a reduced level of rear end tearup. A longtime resident of Syracuse, NY Richard and his family moved to this area in 1963. Under the statute, the claim survives if decedent had a cause of action under Probate Code section 573 at the time of death. The rule rests on the rationale that while an expert may give reasons on direct examination for his opinions, including the matters he considered in forming them, he may not under the guise of reasons bring before the jury incompetent hearsay evidence. Mutual of Omaha Ins. 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." The Toole formulation has been repeated since in a number of decisions, e. g., Trammell v. Western [119 Cal.App.3d 816] Union Tel. The witness was being examined on the Pinto's vulnerability in rear-end collisions and had testified that based on performance, the Pinto had performed better than "the general population in this particular respect." Procedure (2d ed.) 2023 SCI SHARED RESOURCES, LLC. 603 at page 610, 204 P. 33 (quoting the following passage from 1 Hayne on New Trial & Appeal, 103): " 'In the hurry of the trial many things may be, and are, overlooked which would readily have been rectified had attention been called to them. Search by Name. Finally, the report and statistics covered the period 1970-1976. The report stated that the cost of the flak suit or, Ford's contention appears to be addressed not so much to the admissibility of Exhibit No. There are no valid reasons for this limitation. Richard demonstrated courage and. In a strict products liability case, industry custom or usage is irrelevant to the issue of defect. If an interval of time, however brief, elapses between injury to the person or to his or her property and death, the claim survives; but a claim for punitive damages will not lie if death occurs simultaneously with the infliction of the injury. 237.) Posted in Auto Accidents on June 27, 2016. 13, 118 Cal.Rptr. The crash tests revealed that the Pinto's fuel system as designed could not meet the 20-mile-per-hour proposed standard. (E. g., Helvering v. Mitchell, 303 U.S. 391, 399, 58 S.Ct. In the case at bench, Ford failed to object to any of the matters of which it now complains during plaintiffs' arguments to the jury. Mrs. Gray died a few days later of congestive heart failure as a result of the burns. of Motor Vehicles, 51 Cal.App.2d 753, 758, 125 P.2d 521.) (People v. La Macchia, 41 Cal.2d 738, 744-745, 264 P.2d 15, overruled on other grounds in County of Los Angeles v. Faus, 48 Cal.2d 672, 680, 312 P.2d 680; Baily v. Kreutzmann, 141 Cal. The second instance of a charged violation of the order in limine arose out of a question Grimshaw's counsel asked Ford's engineer, Mr. Kennedy. (Steed v. Imperial Airlines, 12 Cal.3d 115, 123-124, 115 Cal.Rptr. den. 5, 63 Cal.Rptr. The Pinto's styling, however, required the tank to be placed behind the rear axle leaving only 9 or 10 inches of "crush space" far less than in any other American automobile or Ford overseas subcompact. 319, hg. No authorities are cited for such a proposition; indeed, as we have. Grimshaw managed to survive but only through heroic medical measures. Not only did the filler neck separation show the vulnerability of the Pinto fuel system in a 21.5-mile-per-hour fixed barrier test, but crash test No. It was later learned that the stalling and excessive fuel consumption were caused by a heavy carburetor float. 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