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

Borg's (D) car rammed Wasik's (P) car and P sued D for personal injury under diversity of citizenship. Ford Motor Company was served by D in that D claimed that the accident was due to a defect in Ford's auto that caused sudden acceleration and that D could not avoid the accident. Ford denied the claim and alleged contributory negligence by D and filed an answer to P in that Ford denied knowledge of the facts of the accident. The jury found Ford liable but not D. Ford appealed.

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