Business Law Case Essay

Judgment Notwithstanding the Verdict A judgment notwithstanding the verdict was requested for Cody, through his guardian, in 2007. The jury will have to decide whether the Taurus was a proximate cause of the injuries that Cody sustained. The amount of the award given could vary, depending on whether or not the court renders judgment in Cody’s favour. In addition Stark could call for a new trial under the premise that the previous court had erred in its decision.
Negligent Conduct Another major issue in this case is based on negligence. Stark argues that Ford was negligent in foreseeing the use of the seat belt. Ford claims that even though there were adequate warnings, Stark’s parents put her in the seat belt incorrectly. Stark will …show more content…
Ford was acting according to the standards put in place by the federal government and their product was subject to testing in order to be acceptable in the marketplace. Due to these restrictions, their claim is that they would have been unable to use any other type of seat belt. Stark may claim that Ford’s liability is not preempted, despite the amount of regulations, because of its design …show more content…
It must also be proven that a causal relationship existed between the product and the resulting harm. In this case it will be the duty of the plaintiff to show that the seat belt was a proximate cause of the harm to Cheyenne and that it was the product’s defect that caused the harm. Intent is not a defense to this theory, therefore Ford will have to use a different defense, such as misuse, to bar the plaintiff’s recovery. Ford for instance might claim that it was instead the plaintiff’s misuse of the product that resulted in injury, rather than the seat belt’s