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Defects-Specific Cases Summarized By Product Liability Attorney

The cases below are a compilation of cases from the Virginia Supreme Court summarized by Brien Roche dealing with the topic of defects-specific as they relate to product liability claims.For more information on product liability see the pages on Wikipedia.

Defects-Specific Cases

2002 Jones v. Ford Motor Co., 263 Va. 237, 559 S.E.2d 592.

Defects-specific.Products liability case alleging sudden acceleration of Ford vehicle. Ford made judicial admission that prior to manufacture of vehicle in question and prior to plaintiff’s accident, it had notice of other claims of sudden unintended acceleration events from other drivers of vehicles manufactured by Ford. What Ford did not admit was that the sudden acceleration was due to cruise control problems. Ford attempted to use that judicial admission to bar testimony of other persons as to sudden acceleration problems for the purpose of giving notice to Ford of sudden acceleration problems relating to cruise control. That was an error by trial court. The judicial admission in question was of limited scope and was not bar to presentation of evidence of Ford having notice of sudden acceleration due to cruise control problems.

1964 Martin v. Penn, 204 Va. 822, 134 S.E.2d 305.

Defective steering. Plaintiff’s expert testified that defect should have been noticed by defendant. Jury issue presented.

1950 E.I. DuPont DeNemours & Co. v. Universal Moulded Prods. Corp., 191 Va. 525, 62 S.E.2d 233.

Breach of warranty action (pre-UCC law). Defendant supplied plaintiff with defective paint materials which defendant implied represented would be fit for ordinary purposes and fit for its particular purpose.

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