Civil Litigation
Attorney
7265 Long Street
Vallejo CA, US 6257
DISTRICT COURT OF VALLEJO CA
Sandra Elmore, ) Case No. : 127349-127
Plaintiff, )
vs., ) COMPLAINT
American Motors Corporation, )
Defendant, )
1. Plaintiff Sandra Elmore brings forward the following causes of action and alleges the following:
2. The plaintiff is an individual of Vallejo, CA.
3. The defendant is a corporation and, at the time of the case, a resident of Vallejo, CA.
4. On March 16, 1962, plaintiff Mrs. Sandra Elmore and her husband purchased a 1962 Rambler American Station wagon manufactured by American Motors Corporation from Mission Rambler Company.
5. Mission Motors serviced the car after it had been driven for 1500 miles; the car lubricated, and the oil and oil filter changed.
6. Mrs. Sandra Elmore noticed that the car was shimmying as she drove it at 60and 65 miles per hour.
7. On April 29, 1962, Mrs. Sandra Elmore suffered an accident as she pushed the Rambler American Station Wagon southerly on a three-lane road near Northridge.
8. Mrs. Sandra was driving at 45miles per hour when she tried overtaking but returned to the right lane when another car honked to pass her. Then a series of sparks started flying from underneath her vehicle like a big hunk of metal had suddenly hit the ground. Her car fishtailed for a few feet hit plaintiff Waters until the collision that hurled Mrs. Elmore to the embankment that left her with a head injury, and she could not recall what happened to her.
9. A highway patrol officer investigating the accident shortly after the collusion found skid and gouge marks on the pavement on the northbound lane.
10. The same highway patrol officer had passed by that same route an hour before the accident and had not seen any skid marks on the road.
11. Mr. Snyder, a mechanical engineer, and automobile expert, gave his opinion as to the cause of the skid marks on the road.
12. Mr. Ausburn, a licensed engineer, examined the Waters and Elmore motor vehicles eight days after the accident without the benefit of Mr. Hendley’s statement. He found small metallic particles and particles of a piece of plastic impregnated tape, which was similar to the plastic tape labeling the worm shaft of the steering gear.
Count 1. Product liability
The defendant is liable on the grounds of product liability because the motor vehicle manufacture failed to follow the legal rules and sold a defective motor vehicle to the plaintiff Sandra Elmore. Having a few weeks later, from the date of purchase brought the car for servicing, it should have been in excellent condition, and pieces of large metals should not be falling from the motor vehicle despite the distance covered before the day of the accident.
Count 2. Strict liability
The motor vehicle was sold to Mrs. Elmore just a month before the accident occurred.
American Motors Corporation should be held strictly liable since Mission Rambler Company is in the supply chain of American Motors.
Damages
Therefore the plaintiff seeks to be compensated for the amount of $5000 for the hospital bills incurred, attorney fees, court fees, the workdays lost by Mrs. Sandra because of the accident, and the acquisition of a brand new motor vehicle.
Dated this 1st May 1962
Attorney
