Ivy v. Ford Motor Co., No. 10-10786 (11th Cir. 2011)
Annotate this CasePlaintiff was injured in a single-car accident when driving a vehicle manufactured by defendant and subsequently filed an action against defendant, alleging claims for failure to warn, strict liability, and negligence arising from the defective design of the car. At issue was whether the district court properly granted summary judgment in favor of defendant with respect to all of plaintiff's claims. The district court held that plaintiff's failure to warn claim failed because it was undisputed that she had not read the warnings and therefore, the content of the warnings could not constitute a proximate cause of the accident. Consequently, the court held that plaintiff's failure to warn claim failed because plaintiff did not challenge that aspect of the district court's ruling and therefore, waived the issue. In light of plaintiff's commencement of the suit more than ten years from the date of the first sale of the vehicle, the court did not think that a reasonable trier of fact could find that defendant exhibited willful and wanton conduct when the vehicle in question performed safely according to reputable mainstream sources. Accordingly, the court held that there was no error in the district court's grant of summary judgment to defendant on either the failure to warn claim or the negligent design claim.
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