Yun v. Ford Motor Co.

647 A.2d 841 (1994)

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Nature of the Case

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Facts

Chang was a passenger in his daughter's van, Yun (P), when they heard part of the van spare tire parts fall off onto the road. They stopped the van safely, and Chang got out and ran across two lanes of dark, rain-slicked road to retrieve the spare tire and some other parts. Chang was hit by a vehicle operated by Precious Linderman (D). Approximately seven months later, he died of the injuries sustained. P, as representative of her father's estate sued D and Ford, and Miller, who had manufactured the spare tire assembly, Universal, who converted the chassis and installed the spare tire assembly, Castle, the dealer, and Kim's Mobile Service Center, who had changed the oil about a month before the accident and pointed out that the spare tire assembly was bent. From the facts, one month prior to the subject accident when P discovered the spare tire assembly was bent, she instructed Kim not to fix it as it has been damaged in a prior accident and she was waiting for the insurance settlement. Ds moved for summary judgment. In granting Ds' motions, the court found as a matter of law that there was no proof of proximate cause and that the actions of Chang in seeking to retrieve the spare tire and assembly and that of the driver of the automobile that struck him broke the causal chain related to their involvement. The complaint against Precious was not dismissed because she did not move for summary judgment. P appealed; but agreed that Ford should not be a party as the spare tire assembly was not part of the vehicle when it left their factory.