Negligence – Duty of Care – Effect of Time Lapse on Manufacturer’s Duty
Plaintiff suffered injuries when the fly wheel on a truck he was driving gave way, causing the truck to crash. He brought an action in damages against defendant, manufacturer of the truck, alleging defective design and manufacture of the fly wheel. The truck had been safely used for at least five years prior to the accident and had been driven 200,000 to 400,000 miles during that period. On defendant’s motion for directed verdict, held, granted. There is no evidence whatever that the defendant failed to exercise reasonable care. Also, use of the truck for five years results in a conclusive denial that the truck involved an unreasonable risk of bodily harm when delivered by defendant. Solomon v. White Motor Company, (W.D. Pa. 1957) 153 F. Supp. 917.