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Kohn v. Ford Motor Co.

Citations: 390 N.W.2d 709; 151 Mich. App. 300Docket: Docket 72771

Court: Michigan Court of Appeals; April 23, 1986; Michigan; State Appellate Court

Narrative Opinion Summary

This case involves a products liability lawsuit brought by a minor, represented by a guardian, against an automotive manufacturer following a school bus accident attributed to brake failure. Initially filed in Wayne County due to the defendant's principal place of business, the trial was moved to Tuscola County for the convenience of witnesses and the location of the accident. The plaintiff challenged the venue change and several evidentiary rulings. On appeal, the court upheld the venue change, finding no abuse of discretion since the trial court's decision was based on witness convenience. The court also upheld the exclusion of a promotional brochure and expert testimony due to lack of relevance and foundational issues, respectively. The jury instructions correctly delineated the manufacturer's duty of care, emphasizing that post-sale maintenance obligations rest with the vehicle owner. The appellate court confirmed the trial court's judgment in favor of the defendant, concluding that procedural decisions were properly exercised and did not impair the plaintiff's case. The dissent argued that the venue change was improperly justified, potentially infringing on the plaintiff's right to a trial in their chosen forum.

Legal Issues Addressed

Appellate Review of Procedural Discretion

Application: The appellate court found no abuse of discretion in the trial court's procedural handling, including venue change and evidentiary rulings.

Reasoning: The trial court’s transfer to Tuscola County was justified, particularly as the judge noted that expert witness testimony could be obtained through depositions.

Change of Venue for Convenience

Application: The trial court's decision to change the venue from Wayne County to Tuscola County was upheld due to the convenience of witnesses and location of the accident.

Reasoning: The appellate court upheld the trial judge's decision, concluding that the defendant demonstrated sufficient inconvenience for a change of venue, and found no abuse of discretion in this ruling.

Evidentiary Rulings – Relevance and Prejudice

Application: The trial judge's exclusion of a promotional brochure as evidence was upheld due to its irrelevance and potential prejudice to the jury.

Reasoning: The trial judge ruled the entire brochure submitted by the plaintiff as irrelevant and prejudicial, allowing only one previously admitted sentence.

Expert Testimony – Foundational Requirements

Application: The exclusion of the plaintiff's expert testimony was justified due to the lack of foundation connecting the brake shoe to the original equipment installed by the defendant.

Reasoning: The trial judge sustained this objection, leading the plaintiff to forego further attempts to establish a foundation for the expert's testimony.

Jury Instructions on Manufacturer's Duty

Application: The trial judge correctly instructed the jury regarding the manufacturer's duty of care concerning design and maintenance, affirming that the manufacturer has no duty to maintain the vehicle after sale.

Reasoning: The judge emphasized that a manufacturer is not responsible for a vehicle's maintenance after sale.