Cann v. Ford Motor Co.

658 F.2d 54 (1981)

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Nature of the Case

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Facts

In 1976, Cann (P) was driving an automobile built by Ford Motor Co. (D) to a service station. Upon arriving, P shifted the automobile into 'park,' left the engine running, set the parking brake, and exited the car. When he shut the door, the car shifted into reverse and began to move. His wife did not know how to drive and tried to get out of the automobile. She fell, and was struck by the automobile, seriously injuring her. P sued D for negligence, breach of warranty, and strict products liability. The United States District Court held for D. P appealed, claiming that the court erred in refusing to allow P to introduce proof that in 1980, D modified the design of its transmission and that in 1978 D changed its Owner's Manual to specifically instruct drivers to turn off the ignition before leaving the car.