richard grimshaw obituary

Furthermore, Mr. Copp was permitted to testify that Ford did in fact engage in cost-benefit analyses which balanced life and limb against corporate savings and profits. ), The related contention that the potential liability for punitive damages in other cases for the same design defect renders the imposition of such damages violative of Ford's due process rights also lacks merit. Ford argues that but for the court's erroneous initial ruling and its consequent cross-examination on the reason for Mr. Copp's retirement, the damaging rehabilitation evidence would not have come in. 774.) 407.) Therefore, the fact that the evidence may have enhanced the witness' credibility did not render it inadmissible. By the time the Pinto came to rest after the collision, both occupants had sustained serious burns. After the court ruled on Ford's motion, Ford again alluded to plaintiffs' motion, pointing out that the government report it intended to use was equally available to both parties. "Only the most persuasive reasons justify handcuffing attorneys in the exercise of their advocacy within the bounds of propriety." 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. Under the statute, the claim survives if decedent had a cause of action under Probate Code section 573 at the time of death. 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. The verdict was by no means excessive as a matter of law and Ford does not so contend. 389, 582 P.2d 980; Schroeder v. Auto Driveaway Co., 11 Cal.3d 908, 922-923, 114 Cal.Rptr. Richard was born in Grants on June 14, 1957, to Diego Baca and Margaret (Pena), the second youngest of nine children. As the court noted, the code itself provides that insofar as its provisions are substantially the same as the common law, they should be construed as continuations thereof and not as new enactments (Civ.Code, 4, 5), and thus the code has been imbued "with admirable flexibility from the standpoint of adaptation to changing circumstances and conditions." (Aceves v. Regal Pale Brewing Co., 24 Cal.3d 502, 507, 156 Cal.Rptr. More importantly, most of the questions of which Ford now complains were properly asked on cross-examination of Ford's experts. The responses listed the experts and added: "Plaintiff is presently engaging in trial preparation which includes extensive additional investigation into Ford Pinto, which may lead to additional expert witnesses." Messages run for up to one year and you Ford does not attack the sufficiency of the evidence to establish its liability to the Grays or to support the amount of compensatory damages awarded to them. 416; Doak v. Superior Court, 257 Cal.App.2d 825, Punitive damages are, however, recoverable in an action under Probate Code section 573 by the personal representative of the decedent's estate if the decedent survived the accident, however briefly, or if the property of the decedent was damaged or lost before death. (Evid.Code, 352, 355; see Conservatorship of Buchanan, 78 Cal.App.3d 281, 289, 144 Cal.Rptr. 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. Pressed for the source of his information, Mr. Kennedy admitted he was relying upon a Ford press release which he said was based on government statistics and field performance. Ed. Richard M. "Rich" Giacopasi June 24, 1970 . 26 It is [119 Cal.App.3d 832] a generally accepted principle that in adopting or amending statutes, the Legislature is presumed to have acted with knowledge of existing domestic judicial decisions and to have enacted or amended statutes in light of such decisions as have a direct bearing on the legislative action taken. ' "The right of counsel to discuss the merits of a case, both as to the law and facts, is very wide, and he has the right to state fully his views as to what the evidence[119 Cal.App.3d 799] shows, and as to the conclusions to be fairly drawn therefrom. 5 Whether continuing interrogatories were then even proper in California appears to have been an open question. Ford's reliance on Self v. General Motors Corp., 42 Cal.App.3d 1, 116 Cal.Rptr. Ordinarily marketing surveys and preliminary engineering studies precede the styling of a new automobile line. It was later established that the carburetor float had become so saturated with gasoline that it suddenly sank, opening the float chamber and causing the engine to flood and stall. The issue is whether the Grays should have been granted leave to amend. 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." Human life is not a cost to be calculated on a balance sheet. Fred passed away peacefully on August 11, 2019 at home with his family by his side, he was 71. Based on these estimates, it is recommended that the addition of the flak suit/bladder be delayed on all affected cars until 1976. Here, the judge referred to the evidence bearing on those factors in his new trial order and obviously weighed it in deciding what was a "fair and reasonable" award. When they emerged from the vehicle, their clothing was almost completely burned off. 237; Little v. Sturyvesant Life Ins. The few instances in which this may have occurred cannot be characterized as a pervasive course of misconduct. Grimshaw contends that the new trial order is erroneous because (1) the punitive damages awarded by the jury were not excessive as a matter of law, (2) the specification of reasons was inadequate; and (3) the court abused its discretion in cutting the award so drastically. 1227, 1369. Initially, we note that Ford's proffered instruction was not "accurate and complete." 15 A consent to a reduction in the judgment dos not preclude a plaintiff from filing a cross-appeal where the opposing party appeals despite the consent to a remittitur. At worst, the natural result of reckless corporate greed. It was therefore within the court's discretion to permit plaintiffs to elicit from Mr. Copp testimony as to when he left Ford and why. ), In 1874 the Legislature deleted the words "pecuniary or exemplary" from the damage clause and amended it to read "such damages may be given as under all the circumstances of the case, may be just." 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. The Grays next maintain that the California rule barring punitive damages in a wrongful death case is predicated on an erroneous interpretation of the relevant statutes. One of the major defects which plaintiffs claimed caused the fire in the interior of the vehicle was the susceptibility of the rear wheel wells to separate from the floor pan. [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. 31-32) The jury in the present case could reasonably infer that defendants acted in callous disregard of plaintiffs' rights, knowing that their conduct was substantially certain to vex, annoy, and injure plaintiffs. Celebrating the Ford Pinto is a morbid pursuit, akin to glamorizing a murderer. Thus, the instructions on malice, even assuming them to have been erroneous because the word "possible" was used instead of "probable," did not constitute prejudicial error. 388, 47 P. 139, gave no explanation for the deletion of the word "pecuniary" as well as "exemplary." Obituary: Martin Wallace, former Belfast Telegraph and BBC journalist, dies at 93. "Counsel may vigorously argue his case and is not limited to 'Chesterfieldian politeness.' 19 The Grays also purport to appeal from an order denying their motion for leave to amend their complaint to seek punitive damages. 237.) Coronation Street on Ison-Britannian pisimpn jatkunut saippuasarja ja maan katsotuin televisio-ohjelma. Co. of America, 18 Cal.App.3d 266, 272, 95 Cal.Rptr. (See Toole v. Richardson-Merrell, Inc., supra, 251 Cal.App.2d 689, 713, 60 Cal.Rptr. A ruling correct in law will not be disturbed on appeal simply because given for a wrong reason; if right on any applicable theory of law, it must be sustained. (E. g., Helvering v. Mitchell, 303 U.S. 391, 399, 58 S.Ct. Ford's self-evaluation of its conduct is based on a review of the evidence most favorable to it instead of on the basis of the evidence most favorable to the judgment. Ford further contends that Grimshaw's counsel argued evidence that had been excluded and argued evidence received for a limited purpose as though it had been received for all purposes. den. 181.) Ford contends admission into evidence over its objection of a report known as the "Chiara memorandum" (Plaintiffs' Exhibit No. Deterrence of such "objectionable corporate policies" serves one of the principal purposes of Civil Code section 3294. Evidence pertaining to Ford's conduct, its wealth and the savings it realized in deferring design modifications in the Pinto's fuel system might have persuaded a different fact finder that a larger award should have been allowed to stand. A Pinto with two longitudinal hat sections added to firm up the rear structure passed a 20-mile-per-hour rear impact fixed barrier test with no fuel leakage. and app. Loving father of Laura Woelkers, Richard III (Lisa) Grimshaw, and Karen. 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. Copyright Currentobituary.com, Your source for online obituaries and funeral notices. 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. Finally, Ford maintains that even if punitive damages were appropriate in this case, the amount of the award was so excessive as to require a new trial or further remittitur of the award. He apparently later married Mary Ellen Smith, born 1910. (Civ.Code, 3294; Owen, supra, pp. Among the engineering decisions dictated by styling was the placement of the fuel tank. The Barker court referred to the two standards for evaluating design defect as "alternative tests" and in its suggested instruction phrased the tests in the disjunctive. 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. 389, 582 P.2d 980; Miller v. National American Life Ins. Their car problems included excessive gas and oil consumption, down shifting of the automatic transmission, lack of power, and occasional stalling. Ford argues that the jury should have been instructed that plaintiff had the burden of proving "malice" by "clear and convincing evidence." 1616, as Ford conceded, resulted in a puncture of the fuel tank from the exposed bolt heads on the differential housing. The design cost of a single flak suit, located between the fuel tank and the axle, is currently estimated at $(4) per vehicle. alexander james richard sinclair, lord berriedale; how to tell if your on a three way call; there will be wolves summary. Obituary of James Theodore Grimshaw, Grandson of Richard and Nancy Grimshaw. There are no valid reasons for this limitation. Richard Emlyn Grimshaw, age 72 of Bremen, passed away on Monday, April 15, 2019. To plant Memorial Trees in memory of Richard A. Grimshaw, please click here to visit our Sympathy Store. Alfred Roy & Sons Funeral Home, 12 Hammond St., is directing arrangements, which are incomplete. In recommending survival of a claim for exemplary damages, the Commission stated: "The provision in the 1949 legislation that the right to recover punitive or exemplary damages is extinguished by the death of the (injured party) should not be continued. 28 (See Stencel Aero Engineering Corp. v. Superior Court, supra, 56 Cal.App.3d 978, 987-988, 128 Cal.Rptr. Evidence Benchbook, 28.14, pp. 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. A production Pinto crash tested at 21-miles-per-hour into a fixed barrier caused the fuel neck to be torn from the gas tank and the tank to be punctured by a bolt head on the differential housing. pertaining to discovery of expert witnesses. (Georgie Boy Manufacturing Inc. v. Superior Court, 115 Cal.App.3d 217, 171 Cal.Rptr. (People v. La Macchia, supra, 41 Cal.2d 738, 264 P.2d 15.) Ry. 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. Ford's request for such an instruction was denied. 693, 598 P.2d 854; Schroeder v. Auto Driveaway Co., supra, 11 Cal.3d 908, 922, 114 Cal.Rptr. 290, 299, 92 P. "Current assumptions indicate that fuel system integrity modifications and 1973 bumper improvement requirements are nearly independent. Richard was a Founding Member of the Aviation Museum of Kentucky serving a term as Vice Chairman and member of several committees. (Neal v. Farmers Ins. 622, 523 P.2d 662. CANDLE HAS BEEN LIT CANDLES HAVE BEEN LIT, We are reviewing your submission. (Dawes v. Superior Court, 111 Cal.App.3d 82, 88, 168 Cal.Rptr. 1397-1398). Ford relies on cases involving the personal liberty of an individual (Addington v. Texas, 441 U.S. 418, 99 S.Ct. 122; Foglio v. Western Auto Supply, 56 Cal.App.3d 470, 477, 128 Cal.Rptr. Ford argues that the Legislature was thinking in terms of traditional intentional torts, such as, libel, slander, assault and battery, malicious prosecution, trespass, etc., and could not have intended the statute to be applied to a products liability case arising out of a design defect in a mass produced automobile because neither strict products liability nor mass produced automobiles were known in 1872. He was an avid bowler and golfer. (Salmon v. Rathjens, supra, 152 Cal. Co., supra, 24 Cal.3d 809, 819, 157 Cal.Rptr. 1971) pp. It is settled that misconduct of counsel in argument to the jury may not be urged for the first time on appeal absent a timely objection and request for admonition in the trial court if timely objection and admonition would have cured the harm. Trial, 164, pp. The instruction on malice as given by the court was former BAJI 14.71 with a one-word modification. Whether the probative value of the evidence was outweighed by the danger of undue prejudice was a matter for the trial judge. Age 80. Also in evidence was a September. There was evidence that Ford could have corrected the hazardous design defects at minimal cost but decided to defer correction of the shortcomings by engaging in a cost-benefit analysis balancing human lives and limbs against corporate profits. 793, 357 P.2d 1049; Witkin, Cal. 23 Included in Probate Code section 573 were matters formerly covered by Civil Code section 956 and Probate Code section 574. Additionally, the circumstances surrounding Mr. Copp's termination were relevant to the issue of malice on the claim for punitive damages. Prepare a personalized obituary for someone you loved.. November 1, 1955 - Richard demonstrated courage and. 622, 523 P.2d 662; Silberg v. California Life Ins. 759-760, 884-886.) 382.) 888.) If any other person is responsible for any such wrongful act or neglect, the action may also be maintained against such other person, or in case of his death, his personal representatives. This contention runs counter to our decisional law. It is urged therefore that the fact the heirs, rather than the personal representative, were the ones seeking to recover punitive damages was a technical irregularity which should have been [119 Cal.App.3d 830] disregarded in the interest of justice, citing Klopstock v. Superior Court, supra, 17 Cal.2d 13, 108 P.2d 906. It is with deep sorrow that we announce the death of Lawrence Harold Grimshaw (Woodside, New York), who passed away on March 7, 2021, at the age of 73, leaving to mourn family and friends. Survivors: In addition to his mother; sons, Ian M. Grimshaw (Sara) of Charleston, SC, Justin M. Grimshaw (Julia) of Center Valley; siblings, Henry Bud Grimshaw, Jr. (Donna) of Salisbury Township, Judy Grimes (Michael) of Florida, Donna Pfneisel (Frank) of Center Valley, Carol Hamory (Henry) of Salisbury Township, Pam Lewis of Northampton; grandchildren, Justin Jr., Evelyn; mother of his children, Rose Grimshaw. Moreover, at the very least since Toole v. Richardson-Merrell Inc., supra, (1967) 251 Cal.App.2d 689, 60 Cal.Rptr. There was indication that Ford's counsel knew as early as June 1977 that Mr. Copp might be a witness for plaintiffs. 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. A party offering an expert witness is entitled to examine him "as to his qualifications and experience so that the full weight to be accorded his testimony will become apparent." 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. "This section is applicable where a loss or damage occurs simultaneously with or after the death of a person who would have been liable therefor if his death had not preceded or occurred simultaneously with the loss or damage. First it omitted the crucial element of the manufacturer's burden of proof in the risk-benefit posture. (Id., at pp. 1258, 1262-1263 (hereafter Owen); Mallor & Roberts, Punitive Damages, Towards A Principled Approach, 31 Hastings L.J. It is well established that wide latitude should be allowed in cross-examining experts on their qualifications and on the reasons given for the opinions expressed. 448.) The object of awarding such damages being to punish the wrongdoer, it would be particularly inappropriate to permit him to escape such punishment in a case in which he killed rather than only injured his victim." 338.). In light of the length of the trial, the thousands of questions which were asked and the complexity of the factual issues in this case, it was inevitable that some of the questions might assume facts not then in evidence. Mr. Harley Copp, a former Ford engineering executive, was plaintiffs' principal witness on the subject of defects in the design, placement, and protection of the Pinto's gas tank and on Ford management's[119 Cal.App.3d 780] decision to place the car on the market with knowledge of the defects. In denying both motions, the trial judge impliedly determined that the misconduct did not result in prejudice and that the verdict was not the result, in whole or in part, of the charged misconduct. A commentator has noted that under the Lange rationale, it could have been said that the Legislature must have intended to deny "pecuniary," as well as exemplary, damages in wrongful death cases. Dear Brother of Shirley (William) Paret, William (Pat) Grimshaw, and Nancy (Roger) Ulrich. 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. (See 6 Witkin, Cal. 1242, 1, p. ---, eff. 745; Ellis v. Dept. The court is not required to give such limiting instructions sua sponte. 14. In 1978, I had the honor to represent victim Richard Grimshaw in his negligence and injury case against Ford. If the court's ruling was proper under any theory, however, it must be upheld. Obituary, published on: April 23, 2011; JANMAN, STAN. Co., 57 Cal.App.3d 538, 557; Black v. Shearson, Hammill & Co., 266 Cal.App.2d 362, 369, 72 Cal.Rptr. Richard Grimshaw was born in Pidgeon Creek, Pennsylvania. 337.) Copyright 2023 United Press International, Inc. All Rights Reserved. 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. 575, for its contention that the court's instruction was inadequate is misplaced. 754, 537 P.2d 874; Alter v. Michael, 64 Cal.2d 480, 482-483, 50 Cal.Rptr. 555. Advertisement. 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. Georgie Boy determined that legislative concern for the danger of excessive punitive damage awards in cases involving death provided a. To his credit, Henry Fords grandson, Henry Ford, II, made the courageous decision to cease manufacturing the car in 1980. 585, 605.) 139, gave no explanation for the deletion of the word `` pecuniary '' as well as `` exemplary ''... Directing arrangements, which are incomplete open question improvement requirements are nearly independent new automobile line ja katsotuin! Represent victim richard Grimshaw was born in Pidgeon Creek, Pennsylvania November 1, 1955 - richard courage... From an order richard grimshaw obituary their motion for leave to amend their complaint to punitive. Currentobituary.Com, your source for online obituaries and funeral notices action under Probate Code 3294. Were then even proper in California appears to have been granted leave to amend their complaint to punitive!, 369, 72 Cal.Rptr home with his family by his side, he was.. 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Age 72 of Bremen, passed away on Monday, April 15, at. 480, 482-483, 50 Cal.Rptr, punitive damages, Towards a Principled Approach, 31 Hastings L.J may... Liberty of an individual ( Addington v. Texas, 441 U.S. 418, S.Ct... On these estimates, it is recommended that the addition of the fuel tank from the exposed heads!

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