Stahlecker v. Ford Motor Company

266 Neb. 601, 667 N.W.2d 244 (2003)

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Nature of the Case

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Facts

Amy was driving a Ford Explorer when one of the Firestone tires mounted on the vehicle failed. The Ford Explorer became inoperable. Ps allege that immediately after the vehicle became inoperable, Cook 'found Amy alone and stranded as a direct result of the failure of the tire and proceeded to abduct, terrorize, rape and murder' her. Ps alleged that the failure of the tire 'was caused by a defect in the design and/or manufacturing process and/or recommended tire air pressure use' and Ds knew or should have known that their products would be used without close expert testing or inspection. Ps alleged negligence, res ipsa loquitur, strict liability, and breach of implied warranty. They also sought recovery from Cook on an intentional tort theory. The district court sustained demurrers filed by Ds. The court reasoned that while Cook's actions were 'independent and intervening and operated upon a situation' allegedly created by the tire failure, that 'if Ford and . . . Firestone had no reason to expect intentional tortious or criminal acts by a third person, they are not liable under Nebraska law for the harm caused thereby, even though their negligence afforded the opportunity for such conduct to occur.' A general awareness that there are bad people in society who do bad things is insufficient to establish foreseeability. Ps filed an amended petition and Ds against filed demurrers. The district court sustained these demurrers and dismissed the causes of action against Ds without leave to amend.