Croskey V. Bmw of North America, Inc

Croskey v. BMW of North America, Inc

Plaintiff/Appellant: William Croskey

Defendant/Appellee: BMW of North America, Inc and Bayerische Motoren Werk Aktiengesellschaft (BMW AG)

History: William Croskey was injured and sued BMW for negligent design and negligent failure to warn.

The district court ruling by the jurors was in favor of BMW. Croskey then appealed to the US Court of Appeals for the Sixth Circuit.

Facts: Croskey was seriously injured in July 2000 when his girlfriend's 1992 BMW overheated and he opened the hood to add fluid. The car's radiator had a plastic neck and it broke causing scalding radiator fluid to spew out and burn Croskey, severely. Croskey sued holding BMW for negligence in using plastic that could become brittle and defective and on the grounds that BMW knew of this or should have known that this could be a possible problem. Croskey contends that BMW should have warned consumers that this was a possible problem.

Plaintiff's Theory: Croskey felt that BMW was responsible because they used material that could potentially deteriorate and cause injury. Croskey contended that even if BMW did not know of the problem when it left their hands, they had other incidences reported and should have warned consumers that this was a potential problem. Croskey also contends that BMW should not be allowed to use figures in their statistical data for newer cars because the defect would not occur in newer cars.

Defendant's Theory: BMW's argument through the court was to be allowed to include statistics for the defect found in all cars manufactured between 1991 and 2000.

Legal Issue: Does the plaintiff have a right to a re-trial based on negligent design?

Holding of the Court: Yes.

Croskey was correct in going after BMW for negligence. the district court and jury erred in the first trial by not allowing for negligence. Common sense, let alone expert testimony, should prevail in the fact that plastic does deteriorate after many years under heat and pressure. Being an automobile manufacturer, BMW, should have known this and not used plastic for the radiator neck. BMW should have planned for maintenance and replacement parts for this neckpiece.

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