Soule v. General Motors Corporation,

8 Cal. 4th 548, 882 P. 2d 298, 34 Cal. Rptr. 2d 607 (1994)

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Nature of the Case

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Facts

A Datsun skidded into Soule's (P) Camaro striking the left front wheel at a combined closing speed estimated variously at 30 to 70 miles per hour. P was not wearing her seat belt. The collision bent the Camaro's frame adjacent to the wheel and tore loose the bracket that attached the wheel assembly to the frame. The wheel collapsed rearward and inward hitting the slanted floorboard area beneath the pedals crumbling into the passenger compartment. P suffered various injuries, including two fractured ankles, one of which was a compound fracture causing permanent injury. After the accident, the Camaro was acquired by a salvage dealer, and except for the bracket assembly, no part of the vehicle was retained as evidence. The available physical and circumstantial evidence left room for debate about the exact angle and force of the impact and the extent to which the toe pan had actually deformed. P sued General Motors (D) asserting that defects in the automobile allowed the front wheel to break free, collapse rearward, and smash the floorboard into her feet. The trial court found for P, and the Court of Appeal affirmed. D appealed.