Ford Motor Co. v. Matthew Sup. Ct. Of Miss.,

Facts

P was killed as a result of being run over by his tractor and dragged underneath a disc attachment. P was standing beside his tractor when he started it, and the tractor was in gear at the time. The D tractor in question was equipped with a starter safety switch which was designed to prevent the tractor from being started in gear. It is the position of P that the plunger connected with the safety switch was defective and allowed the tractor to be started in gear. The tractor in question was sold to Ray Brothers (D1) by D in November of 1965. In April of 1966, D sent all dealers a service bulletin advising of a possible defect in the safety switch system of tractors of the model sold to P, outlining the necessary corrective measures. D1 never checked for nor attempted to remedy the defect. The tractor was sold to J. W. Goolsby. The tractor was damaged in a fire in February 1968. D1 purchased the salvage from Goolsby, and factory-trained mechanics rebuilt the tractor with genuine D parts. The mechanics stated that all damaged parts were replaced, including the starter safety switch, but the plunger was not damaged and was not replaced. The tractor was sold to P in April 1970. At no time did D1 attempt to repair the defective safety switch system as recommended by D. Neither Ds warned P of the possible defect in the safety switch system, nor of the danger of starting the tractor while standing on the ground. On April 23, 1970, P was killed by the tractor after it started in gear and ran over him, dragging the cutting disc over his body. Matthews' estate (P) sued Ds for wrongful death. P claims that the plunger connected with the safety switch was defective and allowed the tractor to be started in gear. D argued that P's act of standing on the ground and starting the tractor while in gear was a misuse of the product. P was awarded a judgment. D appealed. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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