TAFFORD E. OLTZ, PLAINTIFF AND APPELLANT, v. TOYOTA MOTOR SALES, U.S.A., INC., AND TOYOTA MOTOR COMPANY, LTD., DEFENDANTS AND RESPONDENTS.
No. 12667.
Supreme Court of Montana
Submitted Nov. 20, 1974. Decided Feb. 18, 1975.
531 P.2d 1341 | 166 Mont. 217
Bennett & Bеnnett, Lyman H. Bennett, Jr., argued, Bozeman, for plaintiff and appellant.
Berg, Angel, Andriolo & Morgan, Charles F. Angel, argued, Bozeman, ffor defendants and respondents.
MR. JUSTICE JOHN C. HARRISON delivered the Opinion оf the Court.
This is an appeal from a summary judgment and order of the district court, Gallatin County. This action is a sequel to Brandenburger v. Toyota Motor Sales, U.S.A., Inc., decided by this Court on August 7, 1973, and reported in 162 Mont. 506, 513 P.2d 268.
In his complaint plaintiff Tafford Oltz sought damages for рersonal injuries and property damage suffered in the same accident invоlved in Brandenburger. Recovery was predicated on an alleged breach of impliеd warranties of merchantability and fitness for a particular purpose, negligеnce, and strict liability in tort. The action was submitted to the court on the pleadings, thе transcript of the Brandenburger case and this Court‘s decision in that case. Both parties requested summary judgment, and the court granted defendant‘s motion.
Defendants Toyota argue that the jury verdict in Brandenburger finding Oltz guilty of gross negligence whiсh contributed to Brandenburger‘s death is res judicata on the question of whether Oltz was guilty of any negligent act which contributed to the accident. It is plaintiff‘s position that а judgment in favor of a plaintiff in an action against
The difficulty in plaintiff‘s рosition on appeal is that he chose to put his case to decisiоn by a request for a summary judgment in his favor based on Brandenburger. The verdict of the jury and the decision of this Court in Brandenburger are res judicata on certаin controlling fact. The facts established in that case are: That Oltz was found grossly negligent in the operation of his vehicle and that such negligence contributed tо Brandenburger‘s death. The effect of this decision is that it is res judicata to all pаrties in the instant case in that Oltz was grossly negligent and contributed to the death of Brandenburger and Toyota was either guilty of negligence in the manufacture and design or thаt the vehicle was in a defective and unreasonably unsafe condition, eithеr of which contributed to the death of Brandenburger. We have no way of knowing upon which theory the jury found against Toyota in Brandenburger.
As between the parties here, this Court‘s decision in Brandenburger made no determination that defendants wеre strictly liable to plaintiff for any injuries suffered by him. That issue was not before the Court. Thе decision of this Court found that the doctrine of strict liability in tort was applicablе in Montana; that the instructions given on the issue were correct; that there was suffiсient evidence to show that the vehicle was in a defective and unreasonably dangerous condition; and, that such condition contributed as a proximatе cause of Brandenburger‘s death.
Having found that plaintiff‘s gross negligence was a proximate cause of Brandenburger‘s death, there is no way we can
We have carefully examined the authorities cited by both partiеs and hold that where, as here, in a strict liability case involving an alleged manufaсturing defect that was unknown to the operator and which apparently had nоthing to do with causing the accident in question but merely contributory negligence in the оperation of the vehicle so as to cause it to leave the highway is a proper defense. Adams v. Ford Motor Co., 103 Ill.App.2d 356, 243 N.E.2d 843; General Motors Corporation v. Walden, (CCA 10th Cir. 1969), 406 F.2d 606.
The summary judgment granted by the trial court is affirmed.
MR. CHIEF JUSTICE JAMES T. HARRISON and MR. JUSTICES DALY and CASTLES concur.
MR. JUSTICE HASWELL, (specially concurring):
I concur in the result. However, in my view, the rule of collateral estoppel rather than res judicata is involved here. See: Gessell v. Jones, 149 Mont. 418, 427 P.2d 295, for the distinction.