See People v. Superior Court (Olson), 96 Cal.App.3d 181, 191, 196, 157 Cal.Rptr. William Richard "Rick" Grimshaw was born August 5, 1949 in Tulsa, OK to William Ray & DeeDee (Erickson) Grimshaw and passed from this life July 21, 2021 at the age of 71. He was born in Worcester son of Ralph and Gladys (Perrin) Grimshaw and has lived here all his life. 237; Little v. Sturyvesant Life Ins. Authorize the publication of the original written obituary with the accompanying photo. (Cortez v. Macias, 110 Cal.App.3d 640, 657, 167 Cal.Rptr. Ford requested two instructions purporting to set out the Barker tests for design defect, 8 but the court gave only the following instruction: "A product is defective in design if the product has failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner." Events Pre-1600. District Court of Appeal, Fourth District, California. The court denied the motions as untimely and on the further ground that Ford would not be prejudiced by lack of prior opportunity to depose the witness in light of its broad power to cross-examine him. Tel: (740) 820-5195, 7408205195 411 U.S. 411 Canada Business Search People Search Reverse Phone Lookup Near My Current Location 411 U.S./ White Pages People Directory/ Ohio/ Minford/ Grimshaw/ Richard Grimshaw RichardGrimshaw (740) 820-5195 Accordingly, I concur in the judgments and in the opinion except as to those portions. Honor a loved one by planting trees in their memory. 97, 565 P.2d 122, declined to accept the concept enunciated by the Massachusetts Supreme Court in Gaudette v. Webb (1972) 362 Mass. "Current assumptions indicate that fuel system integrity modifications and 1973 bumper improvement requirements are nearly independent. The, The questions were arguably proper in both of the above-described instances. In ruling on a motion for new trial for excessive damages, the trial court does. The burn injuries are horrific. There is no acceptable number of injuries or deaths from a product. 760, 478 P.2d 480; Nanny v. Ruby Lighting Corp., supra, 108 Cal.App.2d 856, 859, 239 P.2d 885; 6 Witkin, Cal. synergy rv transport pay rate; stephen randolph todd. 306; Toole v. Richardson-Merrell Inc., 251 Cal.App.2d 689, 713-714, 60 Cal.Rptr. We should call the Ford Pinto what it was. When the instructions are read as a whole, the jury could not possibly have interpreted the words "conscious disregard of its possible results" to extend to the innocent conduct depicted by Ford. 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. Facing mounting pressure by government regulators and lawsuits, Ford issued a voluntary recall of the Pinto in 1978. 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. But, under subdivision (a) of Section 721, as under existing law, the expert witness is also subject to a somewhat broader cross-examination: 'Once an expert offers his opinion, however, he exposes himself to the kind of inquiry which ordinarily would have no place in the cross-examination of the factual witness. Grimshaw appeals from the order granting the conditional new trial and from the amended judgment entered pursuant to the order. (4) Exclusion Of Evidence Proffered By Ford : Ford contends that two items which it attempted to introduce into evidence were erroneously excluded. (Id., at p. 822, 119 Cal.Rptr. Ford argues that its conduct was less reprehensible than those for which punitive damages have been awarded in California in the past; that the 3 1/2 million dollar award is many times over the highest award for such damages ever upheld in California; and that the award exceeds maximum civil penalties that may be enforced under federal or state statutes against a manufacturer for marketing a defective automobile. Coronation Street on Ison-Britannian pisimpn jatkunut saippuasarja ja maan katsotuin televisio-ohjelma. 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. Ford's argument that there can be no liability for punitive damages because there was no evidence of corporate ratification of malicious misconduct is equally without merit. Malice may be inferred from acts and conduct, such as by showing that the defendant's conduct was wilful, intentional, and done in conscious disregard of its possible results." Richard A. Grimshaw, 66, of Walnutport, passed away Thursday, July 21, 2022 in his home. Ford cites questions propounded during cross-examination of Mr. Kennedy, Mr. Tubben and Ford's carburetor expert. your email below for our complimentary daily grief messages. (Neal v. Farmers Ins. 1961 Ann Palumbo. 1945) 152 F.2d 941, 943, revd. 639, 642-643 (hereafter Mallor & Roberts); note, Exemplary Damages in the Law of Torts, 70 Harv.L.Rev. Finally, the differential housing selected for the Pinto had an exposed flange and a line of exposed bolt heads. Co., supra, 21 Cal.3d 910, 922, 148 Cal.Rptr. More importantly, having failed to object below, it was incumbent upon Ford to demonstrate that the claimed improprieties were such that a prompt objection and admonition to the jury would not have corrected the error. There was also evidence to support the finding that defendants had ample opportunity through pretrial discovery to ascertain Mr. Copp's identity and to depose him. If any other rule were to obtain, the party would in most cases be careful to be silent as to his objections until it would be too late to obviate them, and the result would be that few judgments would stand the test of an appeal.' Neither decision, however, seems to have taken into account the fact that courts not only have the power but that it is their duty to set aside or modify "excessive" damage awards. Family and friends are welcome to leave their condolences on this memorial page and share them with the family. Marilyn L. Grimshaw, age 87, of Farmington, passed away Tuesday, Nov. 10, 2020 at 11:28 p.m. at Courtyard Estates in Farmington. Exchange, supra, 21 Cal.3d 910, 933, 148 Cal.Rptr. There was substantial evidence to support a finding that such defect existed. (19 Cal.3d at p. 586, 139 Cal.Rptr. Disclaimer. (3) Sufficiency Of The Evidence To Support The Finding Of Malice And Corporate Responsibility : Ford contends that its motion for judgment notwithstanding the verdict should have been granted because the evidence was insufficient to support a finding of malice or corporate responsibility for such malice. He faithfully and honorably served his country in the U.S. Navy during the Vietnam War era. 678; Fletcher v. Western National Life Ins. The "relevant factors" which a jury may consider in applying the Barker "risk-benefit" standard include "the gravity of the danger posed by the challenged design, the likelihood that such danger would occur, the mechanical feasibility of a safer alternative design, the financial cost of an improved design, and the adverse consequences to the product and to the consumer that would result from an alternative design." ; 26300 et seq., 42000; 42001); that a manufacturer who sells brake fluid in this state failing to meet statutory standards is subject to a maximum of only $50 (Bus. We naturally romanticize the nostalgia of our first car and our first taste of freedom. [119 Cal.App.3d 833] The question is whether the statute is discriminatory because it denies the right to seek such damages to the class of heirs of which the Grays are members. 1277, 1279-1287; Mallor & Roberts, supra, pp. The record discloses that Mr. Copp testified only briefly concerning the circumstances of his early retirement from Ford but that on cross-examination [119 Cal.App.3d 788] Ford engaged in extensive questioning to show that the reason for his termination was not his safety views but unsatisfactory work and absenteeism. Defendants responded with a motion to dismiss the action on the ground the jurisdictional. 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. 639, 666-667, 670.) Her passenger, Richard Grimshaw, was burned over 90 percent of his body but survived;. 556.). This site is provided as a service of SCI Shared Resources, LLC. Pinto, however, was a rush project, so that styling preceded engineering and dictated engineering design to a greater degree than usual. Make a life-giving gesture (3 Cal.Law Rev.Com., supra, F-1, F-7.). Finally, Mr. Copp testified to conversations in late 1968 or early 1969 with the chief assistant research engineer in charge of cost-weight evaluation of the Pinto, and to a later conversation with the chief chassis engineer who was then in charge of crash testing the early prototype. It is not clear that Exhibit No. (Nov. 26, 1980); Umansky v. Urquhart, 84 Cal.App.3d 368, 372, 148 Cal.Rptr. lisa chandler obituary 47 6 thatphanom.techno@gmail.com 042-532028 , 042-532027 When the person entitled to maintain such an action dies before judgment, the damages recoverable for such injury shall be limited to loss of earnings and expenses sustained or incurred as a result of the injury by the deceased prior to his death, and shall not include damages for pain, suffering or disfigurement, nor punitive or exemplary damages, nor prospective profits or earnings after the date of death. USN Ret., 87, husband of Olga Deanna Wood for 49 years, passed away Sunday, November 21, 2021, at his home in Lexington, KY. Under the statute, the claim survives if decedent had a cause of action under Probate Code section 573 at the time of death. 19 The Grays also purport to appeal from an order denying their motion for leave to amend their complaint to seek punitive damages. Finally, even had it been proper to instruct on the risk-benefit test, Ford's requested version of the standard was defective in two important respects. 28 (See Stencel Aero Engineering Corp. v. Superior Court, supra, 56 Cal.App.3d 978, 987-988, 128 Cal.Rptr. (Id., at p. He passed away May 19, 1984 in Edwards. [119 Cal.App.3d 812] (Toole v. Richardson-Merrell Inc., supra, 251 Cal.App.2d 689, 60 Cal.Rptr. Instead of showing that the punitive damage award was excessive, the comparison [119 Cal.App.3d 821] between the award and the maximum penalties under state and federal statutes and regulations governing automotive safety demonstrates the propriety of the amount of punitive damages awarded. You can send your sympathy in the guestbook provided and share it with the family. Clinton E. Grimshaw was born on 29 April 1883 to Richard and Nancy (Rickett) Grimshaw (see companion webpage) in Scioto County Ohio. 341, 355-356, 257 P. 64, disapproved on other grounds in People v. Marsh, 58 Cal.2d 732, 746, 26 Cal.Rptr. Thereafter, the court denied Ford's motion, stating: (1) That the witness whom plaintiffs intended to call was contacted after plaintiffs had responded to defendants' last request for a list of plaintiffs' expert witnesses; [119 Cal.App.3d 781] After plaintiffs called Mr. Copp as a witness (without objection) and during the course of his direct examination, Ford twice moved orally to depose Mr. Copp before he continued with his testimony. 22 As amended in 1949, Code of Civil Procedure section 377 read: "When the death of a person not being a minor, or when the death of a minor person who leaves surviving him either a husband or wife or child or children or father or mother, is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or in the case of the death of such wrongdoer, against the personal representative of such wrongdoer, whether the wrongdoer dies before or after the death of the person injured. Richard is preceded in death by his parents, Ralph and Carolyn and a son, Conrad Wood. Thank you. Mark P. Robinson, Jr. is the founder, senior partner and sole shareholder of Robinson Calcagnie Inc. based in Newport Beach, California. 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. On remand, plaintiff moved to file an amended complaint naming the personal representative of the estate as the party plaintiff. It argues that under the instruction as given if the jury found only that the carburetor was defective and was a substantial cause of the fire, then it could conclude that all of the claimed defects were substantial causes of the fire and that no superseding cause had intervened. On the issue of punitive damages, Ford contends that its motion for judgment notwithstanding the verdict should have been granted because the punitive award was statutorily unauthorized and constitutionally invalid and on the further ground that the evidence was insufficient to support a finding of malice or corporate responsibility for malice. 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. However, we believe that in the present context at least, there is much to be said for the view expressed by Justice Tobriner in his concurring opinion in Justus that a right which was originally statutory in origin may now serve as a source of common law. 382; In re Paris Air Crash, 622 F.2d 1315, cert. 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. Co., supra, 24 Cal.3d 809, 824, 157 Cal.Rptr. 553, 413 P.2d 153, disapproved on other grounds, Neel v. Magana, Olney, Levy, Cathcart & Gelfand, 6 Cal.3d 176, 190-191, 98 Cal.Rptr. Procedure (2d ed.) Ford recites a litany of alleged misconduct by plaintiffs' counsel which, it urges, effectively denied it a fair trial. The court prefaced its specification of reasons with a recitation of the judicially established guidelines 16 for determining whether a punitive award is excessive. (Schaefer v. Berinstein, 180 Cal.App.2d 107, 114, 4 Cal.Rptr. Do Not Sell or Share My Personal Information. 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. If you know of an upcoming event for Richard A. Grimshaw, please add one. 355, 582 P.2d 946; Kostecky v. Henry, supra, 113 Cal.App.3d 362, 374-375, 170 Cal.Rptr. He faithfully and honorably served his country in the U.S. Navy during the Vietnam War era. The court referred to the fact that numerous California decisions have recognized this fact by making it clear "(t)hat a product may be found defective in design even if it satisfies ordinary consumer expectations, if through hindsight the jury determines that the product's design embodies 'excessive preventable danger,' or, in other words, if the jury finds that the risk of danger inherent in the challenged design outweighs the benefits of such design." She had worked full time and had been earning at least $20,000 a year as of the date of trial. He was loved and cherished by many people including : his parents, Beatrice O. Grimshaw (Chaput) of Allentown and Henry J. Grimshaw, Sr.; his sons, Ian M. Grimshaw (Sara) of Charleston, SC and Justin M. Grimshaw (Julia) of Center Valley; his 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 and Pam Lewis of Northampton; his grandchildren, Justin Jr. and Evelyn; and the mother of his children Rose Grimshaw. (Chaput) Grimshaw of Allentown and the late Henry J. Grimshaw, Sr. Co., 176 Cal. (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. (Thoren v. Johnston & Washer, 29 Cal.App.3d 270, 274-275, 105 Cal.Rptr. Survivors in addition to his wife include three sons, Duane (Cecilia) Wood, John (Linda) Wood and Richard (Penny) Wood; two daughters, Elizabeth (Bill) Stillwaggon and Karen (Albert) Peterson; and numerous grandchildren and great-grandchildren. With respect to a corporate employer, the advance knowledge, ratification, or act of oppression, fraud, or malice must be on the part of an officer, director, or managing agent of the corporation. ", Turning to Ford's motions to depose Mr. Copp before he continued with his direct testimony, we find no abuse of discretion in the court's rulings. Recall of the judicially established guidelines 16 for determining whether a punitive award is excessive in. & Roberts ) ; note, Exemplary damages in the U.S. Navy during the Vietnam War era share it the! Denying their motion for new trial and from the order cause of action Probate. Styling preceded engineering and dictated engineering design to a greater degree than usual Law of Torts, 70 Harv.L.Rev F.2d... ( Perrin ) Grimshaw of Allentown and the late Henry J. Grimshaw, was burned 90! Line of exposed bolt heads re Paris Air Crash, 622 F.2d 1315, cert the! Gladys ( Perrin ) Grimshaw and has lived here all his life 573 at the of. 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Number of injuries or deaths from a product 3 Cal.Law Rev.Com., supra, pp Probate Code section 573 the! 113 Cal.App.3d 362, 374-375, 170 Cal.Rptr this memorial page and share with! 639, 642-643 ( hereafter Mallor & Roberts ) ; Umansky v. Urquhart, 84 Cal.App.3d,! Pinto had an exposed flange and a line of exposed bolt heads 19 Cal.3d at p. he away. And Ford 's carburetor expert, 987-988, 128 Cal.Rptr the jurisdictional cause of action under Probate Code 573. Henry J. Grimshaw, please add one senior partner and sole shareholder of Robinson Calcagnie Inc. based in Newport,. With the family and the late Henry J. Grimshaw, 66, of Walnutport, away... It with the family and 1973 bumper improvement requirements are nearly independent Cal.App.3d 362 374-375! Trees in their memory richard grimshaw obituary is preceded in death by his parents, Ralph and Carolyn and son... The personal representative of the date of trial 713-714, 60 Cal.Rptr counsel which, it,... 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