Blumer v. Ford Motor Co.
20 A.3d 1222
| Pa. Super. Ct. | 2011Background
- Blumer was killed when his tow truck allegedly rolled back after lowering a disabled Ranger on an incline using a 2002 Ford F-350 tow truck.
- Plaintiff claimed a defective parking brake design caused disengagement; Ford and McCrackin Ford sold the subject vehicle to Edward Butler.
- Plaintiff asserted negligence, defective design, and failure to warn; she sought compensatory and punitive damages.
- Six-day trial; jury returned verdict for plaintiff ($8,750,000) later molded to $10,089,229.45 with delay damages.
- Appellants filed post-trial motions; trial court denied relief; judgment entered in favor of plaintiff; Appellants appealed on evidentiary grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of design changes under Rule 407 | Changes show feasible alternatives pre-accident | Pre-accident changes are not allowed by 407 | Design changes pre-accident not barred; admissible. |
| Admission of CQIS/MORS reports; substantial similarity | Reports show defect/notice via substantial similarity | Not sufficiently similar to issue | 25 of 28 reports admitted; 3 inadmissible; error harmless. |
| Hearsay objection and need for limiting instruction | Preserved (or should be) hearsay challenge; limiting instruction needed | No proper preservation or instruction requested | Majority: waiver; Dissent: preserved and merits reversal. |
Key Cases Cited
- Lockley v. CSX Transp., Inc., 5 A.3d 383 (Pa.Super.2010) (similarity standard for prior accidents; relevance to defect/notice)
- Barnish v. KWI Bld. Co., 980 A.2d 535 (Pa. 2009) (malfunction theory requires circumstantial evidence of defect; no need to identify exact defect)
- Hutchinson v. Penske Truck Leasing Co., 876 A.2d 978 (Pa.Super.2005) (substantial similarity and notice principles in products cases)
- Spino v. John S. Tilley Ladder Co., 696 A.2d 1169 (Pa. 1997) (premises for proving notice/defect under substantial similarity)
- Vernon v. Stash, 532 A.2d 441 (Pa.Super.1987) (admissibility of prior similar incidents under malfunction theory)
- DiFrancesco v. Excam, Inc., 642 A.2d 529 (Pa.Super.1994) (admissibility of similar incidents under broad theory of liability)
- Diehl v. Blaw-Knox, 360 F.3d 426 (3d Cir.2004) (comparative rule-based analysis of Rule 407 like precedents)