RIX V. GENERAL MOTORS CORP.
Mont. Sup. Ct., 222 Mont. 318, 723 P.2d 195 (1986)
NATURE OF THE CASE: Rix (P) appealed a jury verdict in favor of General Motors (D)
alleging several claims in a strict liability action.
FACTS: P was injured when the pickup he was driving was hit from behind by a 1978 General
Motors Corporation (GMC) two-ton chassis-cab, which had been equipped with a water tank
after sale by the GMC dealer. P sued D on a theory of strict liability. P maintains the
product was unreasonably dangerous because of both manufacturing and design defects. The
parties stipulated that the accident occurred because of brake failure. Expert testimony
from both parties established that the fluids necessary to the braking system had escaped
when a brake tube came out of a nut where it fastened to the top of the Hydrovac, a booster
unit. Witnesses also testified that the brake tube came out of the nut either because the
tube broke or was improperly flared. P contends that the tube broke because there was a
manufacturing defect in the tube when the truck came off the assembly line. P also contends
that the brake system on the truck, a single system, was defectively designed, and argues
that D's knowledge of available technology coupled with the foreseeable use of the vehicle
should have mandated a dual braking system, which provides extra braking power. P maintains
the accident would have been less severe or would not have happened had the truck been
equipped with a dual system. D contends that the tube had been altered after it left the
assembly line, so that the defective tube was not D's responsibility. D also contended that
the single system was neither a design defect nor unreasonably dangerous, and that the
accident would have occurred even if the truck had been equipped with a dual brake system. P
appealed a jury verdict for D in that the jury was not properly instructed on manufacturing
defects.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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