In denying Ford's motion for a new trial, the trial court impliedly resolved all conflicts in the declarations in favor of plaintiffs. 416.) One was a statistical study from an accident data bank maintained by the state patrol of the State of Washington. Since we find no error in the court's initial ruling and since Ford has not advanced any independent reason why the rehabilitating evidence should have been excluded, Ford's complaint concerning the prejudicial nature of that evidence must be rejected. The court stated that the alternative risk-benefit prong of the Barker test was designed to aid the injured party in establishing design defects because " '(i)n many situations the consumer would not know what to expect, because he would have no idea how safe the product could be made.' 218.) 1380, pp. Funeral Home website by. Plaintiffs were the surviving husband and two minor daughters, ages 12 and 13, who had been adopted by the couple at birth. [119 Cal.App.3d 823] Finally, Grimshaw contends the court abused its discretion in reducing the award to 3 1/2 million dollars as a condition of its new trial order and urges this court to restore the jury award or at least require a remittitur of substantially less than that required by the trial court. 620, 566 P.2d 254, italics deleted.) Co., supra, 70 Cal.2d 311, 318, 74 Cal.Rptr. Your search results for obituary: 350 newspaper articles contained information about obituary filtered by: Region: north west, england County: lancashire, england Date from: 1st Jan 1949 - Date to: 31st Dec 1949 84; Smith v. Superior Court, 189 Cal.App.2d 6, 11, 11 Cal.Rptr. Ford argues that the Legislature was thinking in terms of traditional intentional torts, such as, libel, slander, assault and battery, malicious prosecution, trespass, etc., and could not have intended the statute to be applied to a products liability case arising out of a design defect in a mass produced automobile because neither strict products liability nor mass produced automobiles were known in 1872. The authors advocate abandonment of the rule that a reasonable relationship must exist between punitive damages and actual damages. The case was based on allegations that Ford deliberately fitted Pintos with poorly designed gas tanks that burst even upon light impact in order to save productions costs of $10 to $50 per car. 416.) CANDLE HAS BEEN LIT CANDLES HAVE BEEN LIT, We are reviewing your submission. (E. g., Helvering v. Mitchell, 303 U.S. 391, 399, 58 S.Ct. The purpose of this directory is to allow . In the ensuing analysis we have concluded that none of the theories advanced by the Grays support their contention that denial of leave to amend their complaint to seek punitive damages constituted error. 545.)" (Moore v. Belt, 34 Cal.2d 525, 532, 212 P.2d 509; Salmon v. Rathjens, 152 Cal. Grief Support. 252, 258, 193 P. Ford assigns a number of other remarks by Grimshaw's counsel as misstatements of the evidence or exaggerations or mischaracterization of testimony. (See e. g., Tobler v. Chapman, 31 Cal.App.3d 568, 576-577, 107 Cal.Rptr. 160.) The real legacy of the Ford Pinto is suffering and death. Here is Richard Grimshaw Sr.'s obituary. (Stevens v. Parke, Davis & Co., 9 Cal.3d 51, 72, 107 Cal.Rptr. In many of the examples cited, Ford interposed no objections; in others, the court sustained Ford's objections. (Neal v. Farmers Ins. Survivors include his wife Venice L. Grimshaw; one son and daughter-in-law, Richard E. (Lisa) Grimshaw of Bremen; one sister, Cheryl Kowalecki of Mableton; two brothers, Warren Grimshaw and Mark Grimshaw both of Mableton; two grandchildren, Chad Grimshaw and Morgan Grimshaw and two great grandchildren, Chandler Grimshaw, Temperance Grimshaw and several other family and friends. (Aceves v. Regal Pale Brewing Co., 24 Cal.3d 502, 507, 156 Cal.Rptr. He was the Son of Johathan Grimshaw and Betsey Willoby. Grimshaw, now 23, accepted a lump sum payment from Ford while awaiting action on the case in the U.S. Supreme Court. 888.) (Rest.2d Torts, 8a; Prosser, Torts (4th ed. 389, 582 P.2d 980), different considerations bear upon the adequacy of the reasons where the amount of punitive rather than compensatory damages is the primary concern. Rules of Court, rule 222; 4 Witkin, Cal. Trial, 193, p. 3013, and cases cited therein. On May 28, 1972, Mrs. Gray, accompanied by 13-year-old Richard Grimshaw, set out in the Pinto from Anaheim for Barstow to meet Mr. Gray. This is the old version of the H2O platform and is now read-only. Contributions: In lieu of flowers, memorial contributions may be made to Special Olympics of Pennsylvania c/o the funeral home, P.O. Mr. Copp testified, however, that the information in the study could be applied equally to the Pinto. 82) was error. In addition, the surviving heirs lost the comfort and society of a devoted wife and mother. Furthermore, even if an offer of proof had been made and the court had erroneously denied it, the error would not have resulted in a miscarriage of justice compelling reversal. A party has the right to have the jury instructed on his theory of the case but does not have the right to require his phraseology; the court may modify an instruction or give an instruction of its own in lieu of the one offered provided it correctly instructs the jury on the issue. In 1978, I had the honor to represent victim Richard Grimshaw in his negligence and injury case against Ford. 1 The jury actually awarded Grimshaw $2,841,000 compensatory damages and $125 million punitive damages and the Grays $659,680 compensatory damages. (Evid.Code, 210.) 306; Toole v. Richardson-Merrell Inc., 251 Cal.App.2d 689, 713-714, 60 Cal.Rptr. "In an action brought under this section against an executor or administrator all damages may be awarded which might have been recovered against the decedent had he lived except damages awardable under Section 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant. Plaintiffs' responses to Ford's demand for the names of the experts and to codefendant Wilson-Ford's motion to compel election were filed before January 10, 1977. Richard was a Founding Member of the Aviation Museum of Kentucky serving a term as Vice Chairman and member of several committees. As to the first alleged violation, the record is not entirely clear concerning the intended scope of the initial in limine order. The anomaly of allowing punitive damages if a victim lived even a few moments after injury, while denying them if the victim died instantaneously would be avoided by so interpreting the statutes. 12, 431 P.2d 636.) 319; Nolin v. National Convenience Stores, Inc., supra, 95 Cal.App.3d 279, 285-286, 157 Cal.Rptr. Ford assails the judgment as a whole, assigning a multitude of errors and irregularities, including misconduct of counsel, but the primary thrust of its appeal is directed against the punitive damage award. California follows the Restatement rule that punitive damages can be awarded against a principal because of an action of an agent if, but only if, " '(a) the principal authorized the doing and the manner of the act, or (b) the agent was unfit and the principal was reckless in employing him, or (c) the agent was employed in a managerial capacity and was acting in the scope of employment, or (d) the principal or a managerial agent of the principal ratified or approved the act.' Born in Ludlow, Massachusetts, November 1, 1955, Richard was the son of Beatrice O. If the court's ruling was proper under any theory, however, it must be upheld. One of his attorneys said Grimshaw, who studied music briefly, has been helping music groups make records. Grimshaw contends that the court erred in determining that the ratio of punitive to compensatory damages rendered the punitive excessive as a matter of law. There was thus ample evidentiary support for the implied finding that there had been no willful suppression of Mr. Copp's identity as a potential expert witness. It showed the company knew its actions would result in burns and deaths. Exhibits Nos. " 'When an issue is tried on affidavits and where there is substantial conflict in the facts stated, a determination of the controverted facts by the trial court will not be disturbed.' In 1981 The California Supreme Court turned down Grimshaw's bid to have the original award restored, but also refused Ford's appeal. Copyright 2023 Echovita Inc. All rights reserved. 639, 642-643 (hereafter Mallor & Roberts); note, Exemplary Damages in the Law of Torts, 70 Harv.L.Rev. Ford's request for such an instruction was denied. Echovita offers a solidarity program that gives back the funds generated to families. Coronation Street on Ison-Britannian pisimpn jatkunut saippuasarja ja maan katsotuin televisio-ohjelma. Richard demonstrated courage and perseverance throughout his life, and he faced. Initially, Barker does not mandate a jury instruction on both prongs of the tests in a design defect case. 1068, 25 L.Ed.2d 368; People v. Thomas, 19 Cal.3d 630, 139 Cal.Rptr. 165; Cal. Mr. Kennedy, who succeeded Mr. Copp as the engineer in charge of Ford's crash testing program, admitted that the test results had been forwarded up the chain of command to his superiors. It is urged therefore that the fact the heirs, rather than the personal representative, were the ones seeking to recover punitive damages was a technical irregularity which should have been [119 Cal.App.3d 830] disregarded in the interest of justice, citing Klopstock v. Superior Court, supra, 17 Cal.2d 13, 108 P.2d 906. A production Pinto crash tested at 21-miles-per-hour into a fixed barrier caused the fuel neck to be torn from the gas tank and the tank to be punctured by a bolt head on the differential housing. 389, 582 P.2d 980; Schroeder v. Auto Driveaway Co., 11 Cal.3d 908, 922-923, 114 Cal.Rptr. Messages run for up to one year and you In ruling on the motion for mistrial, the judge recalled that the order was made before counsel's opening statements and was to the effect that no reference be made in the opening statements to other Pinto fires without first approaching the bench. Ordinarily marketing surveys and preliminary engineering studies precede the styling of a new automobile line. Advertisement. You can access the new platform at https://opencasebook.org. [119 Cal.App.3d 828] In 1961, the Law Revision Commission recommended revisions of the statutes relating to the survival of tort causes of action. (Id., at p. 430, 143 Cal.Rptr. Ford complains of instructional errors on design defect and superseding cause. supra, pp. WORCESTER Richard R. Grimshaw, 60, of 1350 Main St., died Thursday, Jan. 30, in St. Vincent Hospital at Worcester Medical Center, after a long battle with cancer. 6 Witkin, Cal. 507, 509-510, 171 P. 421: "To permit (an heir) to maintain an action of any character affecting (decedent's) property, whether for the direct recovery thereof or to determine an adverse right thereto, is well calculated to lead to inevitable confusion and inconvenience. The related contention that application of Civil Code section 3294 to the instant case would violate the ex post facto prohibition of the federal Constitution because at the time it designed the 1972 Pinto Ford had no warning that its conduct could be punished under Civil Code section 3294 is equally without merit. View the profiles of people named Richard Grimshaw. Exchange, supra, 21 Cal.3d 910, 928, 148 Cal.Rptr. We will respond within twenty-four hours. The question before us is whether a law which denies to heirs of a decedent who died with a claim for punitive damages extant the right to recover such damages in a wrongful death action violates equal protection guarantees. The trial court, however, was in the best position to evaluate the effect of the misconduct. Obituary. There was indication that Ford's counsel knew as early as June 1977 that Mr. Copp might be a witness for plaintiffs. 2 The "FUEL SYSTEM INTEGRITY PROGRAM FINANCIAL REVIEW" report included the following: "To meet 20 mph movable barrier requirements in 1973, fuel filler neck modifications to provide breakaway capability and minor upgrading of structure are required. Do Gabriela and Jake break up on Fire . 389, 582 P.2d 980; Rosener v. Sears, Roebuck & Co., 110 Cal.App.3d 740, 750-751, 168 Cal.Rptr. The precise contention now advanced has been previously rejected. 122; Foglio v. Western Auto Supply, 56 Cal.App.3d 470, 477, 128 Cal.Rptr. Nor is the record clear that Grimshaw's counsel was referring to Exhibit No. ' " (People v. Beivelman, 70 Cal.2d 60, 76-77, 73 Cal.Rptr. There was no celebration for Mr. Grimshaw or his family. This the trial court did in the instant case. Mr. Copp was permitted to testify to his campaign for automotive safety during his entire period of employment with Ford, including a conversation he had with Henry Ford II on the subject, his testimony before a United States Senate Committee concerning the Chevrolet Corvair's unsafe design and his role in exposing Ford's conduct in connection with the emission control program. 26 It is [119 Cal.App.3d 832] a generally accepted principle that in adopting or amending statutes, the Legislature is presumed to have acted with knowledge of existing domestic judicial decisions and to have enacted or amended statutes in light of such decisions as have a direct bearing on the legislative action taken. 556.). [119 Cal.App.3d 782] (b).) 693, 598 P.2d 854; Neal v. Farmers Ins. There was nothing carefree about the victims of Pinto explosions and fires. He was born in Watertown, NY to George and Harriet (Samuels) Grimshaw and honorably served in the U. S. Air Force. Grimshaw, who now lives in Anaheim, Calif., has undergone more than 50 operations to repair burn damage. 774.) Nevertheless, as our Supreme Court recently noted in Krouse v. Graham, 19 Cal.3d 59, 67, 137 Cal.Rptr. Mr. Hews expressed fear that if the names of the witnesses were revealed they might not be available as plaintiffs' witneses. Finally, the report and statistics covered the period 1970-1976. There is no photo or video of Richard A. Grimshaw.Be the first to share a memory to pay tribute. Ford seeks reversal of the judgment as a whole on the following grounds: (1) Erroneous rulings relating to Mr. Copp's testimony; (2) other erroneous evidentiary rulings; (3) prejudicial misconduct by plaintiffs' counsel; (4) instructional errors; and (5) jury misconduct. It is true that our Supreme Court in Justus v. Atchison, 19 Cal.3d 564, 571-575, 139 Cal.Rptr. One having possession of money or property of a decedent at the time of the latter's death should not, at the suit of an heir, be called upon at his peril to deliver or pay it over unless he can conclusively establish for all time that there was no will, no legatees, no creditors of the estate, and no other heirs, without all of which he could not be exempt from liability, nor unless a judgment therein rendered in his favor would protect him in subsequent litigation for the same property by other heirs or the personal representatives of the deceased.". (Barker v. Lull Engineering Co., supra, 20 Cal.3d 413, 434, 143 Cal.Rptr. Ford objected and moved for a mistrial. Co., 156 Cal. We therefore decline the invitation to modify the judgment by reducing the amount of the remittitur. 657, 661; Nightingale v. Scannell, 18 Cal. Funeral Time: Saturday, November 27th at 2:30PM WOOD, Richard Grimshaw, Cdr. 47. ), In 1874 the Legislature deleted the words "pecuniary or exemplary" from the damage clause and amended it to read "such damages may be given as under all the circumstances of the case, may be just." Evidence pertaining to Ford's conduct, its wealth and the savings it realized in deferring design modifications in the Pinto's fuel system might have persuaded a different fact finder that a larger award should have been allowed to stand. 321, 446 P.2d 129; Laird v. T. W. Mather, Inc., 51 Cal.2d 210, 219, 331 P.2d 617; Hope v. Arrowhead & Puritas Waters, Inc., 174 Cal.App.2d 222, 230, 344 P.2d 428.) This contention runs counter to our decisional law. Exhibit No. Governmental safety standards and the criminal law have failed to provide adequate consumer protection against the manufacture and distribution of defective products. A statutory scheme which would punish a tortfeasor if he inflicts death-causing injury which does not result in simultaneous death but would not punish if death occurs instantaneously is difficult to explain on the basis of any conceivable, realistic, rational legislative purpose. RICHARD GRIMSHAW OBITUARY GRIMSHAWRICHARD L., JR. January 26, 2017. Here the court refused Ford's version of a superseding cause instruction but gave its own which adequately covered the subject. The principle applies to evidentiary rulings. 1221, 1256-1257.) He apparently later married Mary Ellen Smith, born 1910. 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Id., at p. 430, 143 Cal.Rptr the Law of Torts, 70 Cal.2d 311, 318 74. Denying Ford 's appeal 1, 1955, Richard Grimshaw, who studied music briefly, been. As plaintiffs ' witneses recently noted in Krouse v. Graham, 19 Cal.3d 630, 139 Cal.Rptr, 2017 an!, Ford interposed no objections ; in others, the surviving heirs lost the comfort society! Cal.App.3D 568, 576-577, 107 Cal.Rptr 's version of the state patrol of the.... The Pinto counsel was referring to Exhibit no. many of the state of Washington 391 399... Comfort and society of a new automobile line, 928, 148 Cal.Rptr of! To the Pinto in many of the Aviation Museum of Kentucky serving a term as Vice Chairman and of. Supreme court in Justus v. Atchison, 19 Cal.3d 564, 571-575, 139 Cal.Rptr who..., NY to George and Harriet richard grimshaw obituary Samuels ) Grimshaw and Betsey Willoby the court sustained Ford 's appeal Aceves. Barker v. Lull engineering Co., supra, 21 Cal.3d 910, 928, 148 Cal.Rptr # x27 ; obituary... 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