Green v. Denney

742 P.2d 639 (1987)

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Nature of the Case

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Facts

P was driving his 1980 Pinto at about 45-50 miles per hour. His wife, Kelly Sue, was in the front passenger seat. A horse suddenly appeared in front of the car, and plaintiff had no time to swerve or turn. The car's front bumper hit the horse's lower front legs, throwing the horse up over the car's hood, breaking the windshield, and collapsing the roof rail (called the 'header') above the windshield on the passenger side of the car. The roof collapsed, killing the wife instantly. The horse slid over the top of the car and fell to the ground behind it. P and his son, who was sitting in the back seat, were unhurt. Plaintiff's young daughter, who was sitting on her mother's lap, sustained minor cuts and bruises. P alleged that the faulty design of the Pinto roof structure caused the fatal injury. P got the judgment and D appealed.