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Cavallaro v. Michelin Tire Corp.

Citations: 96 Cal. App. 3d 95; 157 Cal. Rptr. 602; 1979 Cal. App. LEXIS 2045Docket: Civ. 17586

Court: California Court of Appeal; August 17, 1979; California; State Appellate Court

Narrative Opinion Summary

This case involves a wrongful death and personal injury lawsuit following a fatal car accident caused by the disintegration of a tire manufactured by Michelin. Frank Cavallaro sued Michelin, Chrysler, and Radial Tire Company, asserting claims of strict liability and warranty breach due to an alleged manufacturing defect in the tire. The jury awarded damages of $643,550, later reduced due to Mrs. Cavallaro's contributory negligence, and exonerated Radial and Chrysler. Michelin appealed, arguing inconsistent verdicts and the exclusion of evidence regarding Frank Cavallaro's remarriage. The court found the jury's verdicts fatally inconsistent, reversing the judgment and granting a new trial. It held that Mrs. Cavallaro's contributory negligence did not reduce damages for wrongful death claims, emphasizing the independent nature of such claims. Additionally, the court maintained the exclusion of remarriage evidence based on established public policy against admitting such evidence in wrongful death actions. Consequently, the case was remanded for a retrial, focusing on the issues of liability and damage assessment.

Legal Issues Addressed

Admissibility of Remarriage Evidence

Application: Michelin's appeal argued that evidence of Frank Cavallaro's remarriage should have been admissible, but the court maintained the exclusion based on long-standing public policy.

Reasoning: The trial court sustained plaintiffs' objection to evidence offered by Michelin regarding Frank Cavallaro's remarriage in January 1972, which Michelin sought to introduce outside the jury's presence.

Contributory Negligence and Damage Reduction

Application: The court found that Mrs. Cavallaro's contributory fault did not warrant a reduction in damages for wrongful death claims, as these claims are independent of her negligence.

Reasoning: The court finds that the claim for damages based on Virginia Cavallaro’s wrongful death is not independent and cannot be reduced by her contributory negligence.

Inconsistent Verdicts

Application: The court found that the verdicts were fatally inconsistent, as the jury exonerated Radial while finding Michelin liable, despite both defendants facing the same liability basis.

Reasoning: The court concludes that the verdicts are indeed fatally inconsistent, warranting a reversal of the judgment.

Strict Liability and Warranty Claims

Application: The plaintiffs shifted their claims to strict liability and warranties, asserting that the tire's disintegration was due to a manufacturing defect.

Reasoning: Initially alleging negligence, the plaintiffs shifted their claims to strict liability and warranties, asserting that the tire's disintegration was due to a manufacturing defect.