Sunday, March 24, 2013

McCoy v. American Suzuki Motor Corp. case brief

McCoy v. American Suzuki Motor Corp. case brief summary
961 P.2d 952 (Wash. 1998)

SYNOPSIS: Respondent claimant brought a product liability suit against petitioner corporations. The Superior Court, Spokane County (Washington) reversed the grant of summary judgment to the corporations. The corporations appealed.

OVERVIEW:
-The claimant was driving when the car which preceded him swerved off the roadway and rolled.
-The claimant stopped to render assistance, and at the direction of a police officer placed flares to warn approaching vehicles.
-Concerned that the flares were insufficient, the claimant continued further up the road, and, using flares, manually directed traffic to the inside lane.
-While walking back to his vehicle the claimant was struck by a hit-and-run vehicle.
-The claimant brought the products liability claim against the corporations, which manufactured the vehicle that rolled.
-The claimant based his claim upon the rescue doctrine alleging that he was injured while a rescuer. -The court concluded that the rescue doctrine did apply to product liability actions.
-The claimant also argued that the rescue doctrine relieved him of proving that the corporations proximately caused his injury.

HOLDING:
The court disagreed and held that the claimant was required to show proximate cause.

ANALYSIS:
The court found that the issue of whether the third vehicle striking the claimant was an intervening cause was one for the jury.

RULES:
To achieve rescuer status one must demonstrate: (1) the defendant was negligent to the person rescued and such negligence caused the peril or appearance of peril to the person rescued; (2) the peril or appearance of peril was imminent; (3) a reasonably prudent person would have concluded such peril or appearance of peril existed; and (4) the rescuer acted with reasonable care in effectuating the rescue.

OUTCOME: The court affirmed the reversal of the summary judgment grant and remanded for trial.

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