This section contains the nature of the case and procedural background.

P was driving a newly purchased, 1985 Chrysler Fifth Avenue when the vehicle suddenly jerked to the right. She tried with all her strength to straighten the course of her vehicle, but the steering felt as though it had locked. When she attempted to apply the brakes, they also failed to respond. The car had been moving at a speed of 55 m.p.h., traveled across the highway, down an embankment and into a group of trees. P's back was broken, and the vehicle was totaled. The car had been driven 1,655 miles; it had been purchased less than two months before. The road surface was dry. P sued D. Ps' expert found no specific defect in the vehicle. D's expert observed that both steering and brakes were operational, and he found no abnormalities in any of the car's systems. He said that at a speed of 55 m.p.h. even a temporary power failure would not have rendered the steering uncontrollable. He expressed the opinion that the accident was a result of operator error. D’s motion for summary judgment was granted. P appealed.

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