(Download) "Ralph B. Giberson and Patricia Giberson v." by Supreme Court of Missouri Division 2 * Book PDF Kindle ePub Free

eBook details

Title: Ralph B. Giberson and Patricia Giberson v.
Author : Supreme Court of Missouri Division 2
Release Date : January 14, 1974
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

Description

Plaintiffs sued defendant to recover for damages allegedly suffered by them in an automobile accident on May 6, 1969, in the City of Springfield, Missouri. Liability of defendant was premised on the assertion that it had manufactured and sold an automobile with a defective engine which had exploded under normal usage and that such tortious conduct was the proximate cause of the accident in question. The trial court sustained defendant's motion to dismiss for failure to state a cause of action, and plaintiffs appealed prior to January 1, 1972. Jurisdiction is in this court by virtue of the amount in dispute. Art. 5, § 31(4), Mo. Const. 1945. We reverse and remand. Plaintiffs alleged in their petition that defendant had sold the city a certain automobile; that on the date mentioned it was being driven by a police officer in a line of traffic wherein plaintiff (husband) was driving; that the motor in the automobile sold by defendant exploded; that said explosion created a dense cloud of steam, smoke and gas which restricted visibility of other drivers to such an extent that a multiple automobile collision occurred.