Friday, March 23, 2012

GM V. SANCHEZ case brief


• deceased failed to fully place the gear in park, and instead it was in neutral
• car slips into reverse, pins him, he bleeds to death
• owners manual stated that driver must take care to put car in park gear
• court says drivers are in better position to exercise duty of care – deterrence policy rationale
• post-defect, you are still responsible to act reasonably (don’t leave a car idling)
• court holds comparative negligence stands
• Would Hawk come out differently under Sanchez? Probably, because pilot had a duty to act reasonably (pre-flight check). However, pilot did not have duty to discover the actual defect of no oil

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