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Meyering v. General Motors Corp.

California Court of Appeal for the Fourth District, Division 1
232 Cal. App. 3d 1103 (1990)


Kurt Meyering (plaintiff) was driving down the freeway in his girlfriend’s 1984 Chevrolet Corvette when a piece of concrete crashed through the car’s sunroof. Meyering suffered a severe head injury from the concrete, which had been thrown from an overpass by two juveniles. Meyering sued General Motors Corporation (GM) (defendant), the Corvette’s manufacturer, for negligence. Meyering claimed that GM made the car’s sunroof from a flimsy plexiglass, even though there was an inexpensive, shatterproof alternative material that GM could have used instead of the plexiglass. GM moved for a demurrer, arguing that GM’s duty of care in manufacturing the Corvette did not extend to the unforeseeable act of the juveniles criminally hurling concrete from an overpass. The trial court granted GM’s motion. Meyering appealed.

Rule of Law


Holding and Reasoning (Wiener, J.)

Dissent (Froehlich, J.)

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