Darleen Johnson was driving her Ford car under rainy conditions on a two-lane highway through Missouri. The

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Darleen Johnson was driving her Ford car under rainy conditions on a two-lane highway through Missouri. The car’s front tires had a reasonable amount of tread remaining on them, but the back tires were nearly bald. For an undetermined reason, Johnson lost control of the car, spun into the other lane, and collided with a pickup truck driven by Kathyleen Sammons. Johnson was killed instantly. Johnson’s father claimed that the inboard C.V. joint boot on the front axle was torn, which allowed debris to contaminate the joint. (The boot is a covering that contains the grease that lubricates the joint.) This contamination allegedly made the joint act like a brake on the left front wheel and caused Johnson’s car to pivot around that wheel and into the path of the oncoming pickup truck. Ford admits that the joint boot can become torn, which will allow contamination of the joint. In its manuals, Ford recommends periodic inspection of the boots. However, Ford contends that the joint on Johnson’s car was contaminated during or after the accident. Ford also contends that contamination of the joint could not result in the joint seizing and creating a loss of steering control, and that the worst that could result from contamination would be some vibration and noise. According to Ford, Johnson’s accident was caused by road conditions and driving error. The case is submitted to the jury on theories of strict liability and negligent design and manufacture. Is Ford liable for Johnson’s death? Are there any additional arguments that Ford can raise in its defense? [Johnson v. Ford Motor Co., 988 F.2d 573 (9th Cir. 1993).]

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