Mickle v. Blackmon

166 S.E.2d 173 (1969)

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Mickle v. Blackmon

South Carolina Supreme Court
166 S.E.2d 173 (1969)

MP

Facts

Janet Mickle (plaintiff) was a passenger in a 1949 Ford automobile that was involved in a collision with another vehicle. Mickle sued Ford Motor Company (defendant) and alleged that Ford negligently designed and placed the gearshift lever without an adequate protective knob and that this created an unreasonable risk to a passenger in a collision. Mickle further alleged that this risk was realized in the collision when the knob shattered on impact with her body and she was impaled on its spear-like lever. Ford disclaimed any duty to manufacture a vehicle that is safe to have a collision or to exercise care to design its vehicle compartments to minimize collision-related hazards to occupants. The jury awarded Mickle $312,000 in actual damages, but the trial judge granted Ford’s motion for judgment notwithstanding the verdict (JNOV). Mickle appealed.

Rule of Law

Issue

Holding and Reasoning (Brailsford, J.)

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